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HomeMy WebLinkAboutAgenda Packet 05/15/2007 WAS H I N G TON, U. S. A. ~ AGENDA CITY COUNCIL MEETING 321 East 5th Street May 15,2007 REGULAR MEETING 6:00 pm . FORTANGELES Note: The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: A. CALL TO ORDER - Regular Meeting (6:00 p.m.) B. ROLL CALL- PLEDGE OF ALLEGIANCE PUBLIC CEREMONIES/PRESENTATIONS 1. Proclamation in Recognition of Louann B-1 1. Present proclamation to Louann Yager Yager, Chamber of Commerce 2. Proclamation in Recognition of Clean Air B-1 2. Present proclamation to Rita Cirolis, Month ORCAA 3. Proclamation in Recognition of Transit B-5 3. Present proclamation to Frank Poulsen, Employee Appreciation Day C1allam Transit Operations Manager . 4. Proclamation in Recognition of National B-7 4. Present proclamation to Terry Gallagher Police Week 5. Proclamation in Recognition of National B-9 5. Present proclamation to Glenn Cutler Public Works Week 6. Retirement Proclamation for Gary Kenworthy B-11 6. Present proclamation to Gary Kenworthy C. WORK SESSION D. (1) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Council member (2) PUBLIC COMMENT This is an opportunity for members of the public to speak to the City Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. (These time periods may be lengthened or shortened at the discretion of the Mayor.) E. CITY COUNCIL COMMITTEE REPORTS F. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Public Safety Citizen Advisory Board 2. Business License Ordinance F-l F-ll 1. First reading of ordinance 2. First reading of ordinance G. RESOLUTIONS 1. Designated Agent for Service of Claim G-l 1. Pass resolution . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK May 15,2007 Port Angeles City Council Meeting Page - 1 H. OTHER CONSIDERATIONS 1. Capital Facilities Projects (CFP) 2. City/Port Angeles School District Facilities Use Agreement I. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) J. PUBLIC HEARINGS - OTHER 1. PAMC Amendments - Title 16, Subdivisions K. FINANCE 1. Landfill Closure 2. RFP #07-10 L. CONSENT AGENDA 1. City Council Minutes dated May 1, 2007 2. Network Security Training Request 3. Appointments to Lodging Tax Advisory Committee 4. Expenditure Approval List: 4/21 - 5/4 $3,163.402.01 5. Gridwise Project Electric Meter Transfer Agreement M. INFORMATION 1. City Manager Reports: 2. Fire Department Quarterly Report 3. Public Works & Utilities Quarterly Report 4. Community & Economic Development Quarterly Report 5. Planning Commission Minutes - April 25 H-l H-3 1. Presentation; Set Public Hearing 2. Approve agreement J-l 1. Continued from May 1; Adopt ordinance K-l K-3 1. Award project 2. Reject all proposals L-l L-7 L-9 Accept Consent Agenda L-ll L-35 M-l M-7 M-13 . M-15 N. EXECUTIVE SESSION (As needed and determined by City Attorney) O. ADJOURNMENT PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements pertaining to matters such as land use permit applications, proposed amendments to City land use regulations, zoning changes, and annexations. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. . NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK May 15, 2007 Port Angeles City Council Meeting Page - 2 ~ORTANGELES WAS H I N G TON, U. S. A. I. CITY COUNCIL MEETING CALL TO ORDER - REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Rogers Deputy Mayor Williams Councilmember Braun Councilmember Headrick Councilmember Munro Councilmember Petersen Councilmember Wharton Staff Present: Manager Madsen Attorney Bloor Clerk Upton G. Cutler D. McKeen T. Gallagher y. Ziomkowski ~ ~ ~ V/ V ~~11+_ May 15. 2007 ~ CJ).. O. '1\1\ . I - III. PLEDGE OF ALLEGIANCE: (lfJ.Jl fV'.J. OfY\Q I'I\~O ~ - baLLA_ Led by: FORTANGELES CITY COUNCIL MEETING Attendance Roster WAS H I N G TON, U. S. A. DATE OF MEETING: May 15. 2007 LOCATION: City Council Chambers " . ".../"., ,--k"li i..~ (,:t!l S 1 ~ g- IcY Sf 303 We" fJf-- ~,f City of Port Angeles FORTANGELES Ordinance/Resolution Distribution List WAS H I N G TON, U. S. A. City Council Meeting of Mav 15, 2007 ~ 4(fU\ }().n'i ~..J. II-D7 ~--A LO...Ll'7 ~\Q.Aj,"" .. !.faM1\L),'"A'J- -}jfUo II, '.u~JO"%- l1~r I IP ..~f1"lAi .'+.:' ,:t<.J I tJv:J /I ~'M ^ ~"""/l^l ,';t/ll JJ.A,() City Manager ~ I..... City Atty. (1) I V )/ , / JV'" Planning I /' City Clerk (1) I V" 1 / J/ 1/ Codifier( 1) ,/ J / // ,/ Personnel Cust. Svcs. Finance Dir./Mgr. Police Dept. Fire Dept. Light Dept. Parks & Rec. 1../ Pub. Works d"v'" ,/ MRSC (1) , v" I / 1/ I /' PDN (Summary) . Yl 1.1YVY\ V , Extra Copies / 4: 00 ,./ II u ~.~: () 0 } ..// J ~ J/{IC5h'AT / / I TOTAL I ~ .~ I/J I? PROCLAMATION In Recognition of the 20th Anniversary of . LOUANNYAGER MEMBER SERVICES DIRECTOR PORT ANGELES REGIONAL CHAMBER OF COMMERCE WHEREAS, LOU31ID Yager moved to Port Angeles in ] 986 and along with her late husband, Dee, took over ownership of AI's RV Park and becanle involved with the Chamber's tourism committee; 3l1d WHEREAS, LOU31ID started with the Port Angeles Chamber of Commerce in April of 1987 and has been instrumental in the transition from a small rural community to being "The Center of It All"; and WHEREAS, Lou3lID has managed the VISItor center, experienced twenty years of various combinations of board members and executive directors, and assisted in Chamber functions with increasing responsibilities including acting Executive Director in 2000; and WHEREAS, Lou3lID has been very involved with community service clubs including: secretary of the Port Angeles Business Association; Port Angeles Downtown Association board member for 8 years, 3l1d secretary for the last 3 years; member of the Soroptimist International Noon Club; Port Angeles Garden Club; Order of Eastern Star; Beta Sigma Phi; TOPS; and Board of the International Order for Rainbow Girls; and WHEREAS, Lou3lID Yager's positive attitude, commitment, and dedication to the community is witnessed each 3l1d every day by her colleagues, friends and fanlily. NOW, THEREFORE, I, Karen A. Rogers, Mayor, WITH GREAT PRIDE AND GRATITUDE, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby recognize Lou3lID Yager for her 20 years of outstanding cOl1ID1itment, patience and service to the Port Angeles Regional Chamber of Commerce and for being a shining example as a true 3lnbassador of our community. May we be so fortunate to have her for at least another 20 wonderfv] "ears. Karen A. Rogers, Mayor B-1 May 15.2007 B-2 . . . PROCLAMA TION In Recognition of CLEAN AIR MONTH - May 2007 WHEREAS, the month of May is the Olympic Region Clean Air Agency's (ORCAA) Clean Air Month, designed to raise public awareness about the need for citizens and businesses to work to reduce air pollution; and WHEREAS, diesel exhaust, and particulate matter air pollution, is a cancer risk, can cause serious damage including asthma attacks, respiratory and lung illnesses, and premature death; and WHEREAS, all counties in the Olympic Region Clean Air Agency's (ORCAA) jurisdiction meet the National Ambient Air Quality Standards; and WHEREAS, the City of Port Angeles partners with ORCAA with the placement of a web cam located on the top of the Vern Billion Community Center to allow for the monitoring of air quality in the Olympic Mountains; and WHEREAS, the City of Port Angeles has a long history of promoting environmentally responsible actions such as the City's Comprehensive Plan that contains over 83 goals, policies and objectives aimed at preserving and improving the natural environment and environmental concerns including air pollution. NOW, THEREFORE, I, Karen A. Rogers, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby declare the month of May 2007 as CLEAN AIR MONTH in the City of Port Angeles and encourage all residents and businesses to continue in their responsibility for preserving our environment and air quality by recognizing this worthwhile effort. Karen A. Rogers, Mayor B-3 May 15th, 2007 8-4 . . . PROCLAMA TION In Recognition of TRANSIT EMPLOYEE APPRECIATION DAY May 23, 2007 WHEREAS, Clallam Transit employees contribute to the safety and well-being of the passengers of the Clallam Transit System and the community; and WHEREAS, Clallam Transit employees provide commendable service to over 900,000 passengers and travel more than 1.6 million vehicle miles annually; and WHEREAS, Clallam Transit employees demonstrate daily their high degree of professionalism while working in sometimes severe weather conditions and very stressful conditions; and WHEREAS, the professionalism and dedication of these public servants results in reliable and courteous transportation options for the community. NOW, THEREFORE, I, Karen A. Rogers, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby declare May 23,2007 as Transit Employee Appreciation Day and urge all citizens to join in acknowledging the outstanding services of Clallam Transit employees to all the citizens in our community. Karen A. Rogers, Mayor 8-5 May 15th, 2007 8-6 . . . PROCLAMA TION In Recognition of NATIONAL POLICE WEEK I May 13 -19,2007 PEACE OFFICERS MEMORIAL DAY I May 15, 2007 WHEREAS, the Congress and the President of the United States have designated May 15 as Peace Officer's Memorial Day, and the week in which May 15 falls as National Police Week; and WHEREAS, the members of the Port Angeles Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Port Angeles; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the POli Angeles Police Department unceasingly provide a vital public serVlce. NOW, THEREFORE, I, Karen A. Rogers, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, WITH GREAT PRIDE AND GRATITUDE, call upon all citizens of Port Angeles and upon all patriotic, civic and educational organizations to observe the week of May 13 - 19, 2007 as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I FURTHER CALL UPON ALL CITIZENS PORT ANGELES to observe May 15,2007 as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Karen A. Rogers, Mayor May 15th. 2007 8-7 8-8 . . . WHEREAS, WHEREAS, WHEREAS, . WHEREAS, WHEREAS, PROCLAMA TION . In Recognition of NATIONAL PUBLIC WORKS WEEK May 20th - May 26th, 2007 public works services provided in our community are an integral part of our citizens' everyday lives; and the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as electrical, water, sewer, streets, fleet management, solid waste collection and disposal, snow removal and engineering services; and the health, safety, and comfOlt of this commw1ity greatly depends on public works facilities and services; and the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of its public works employees; and the efficiency of the qualified and dedicated persOlmel who staff the Public Works & Utilities Depmtment is materially influenced by the public's attitude and understmlding of the importance of the work these people perform. NOW, THEREFORE, I, Karen A. Rogers, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby declare the week of May 20th through May 26th, 2007 shall be known as "NATIONAL PUBLIC WORKS WEEK." I urge all citizens and civic orgm1izations to acquaint themselves with the issues involved in providing our public works services and to recognize the contributions that public works and utilities employees make every day to our health, safety, and comfort. Karen A. Rogers, Mayor May 15th. 2007 . 8-9 B -10 . . . . WHEREAS, WHEREAS, . WHEREAS, WHEREAS, WHEREAS, PROCLAMA TION . In Recognition of THE PUBLIC SERVICE OF GARY KENWORTHY July 25, 1988 - May 31 S\ 2007 Gary Kenwolihy has worked for the City of Port Angeles for 19 years and has held two management positions within the Public Works and Utilities Department: July 25, 1988 - October 17, 1999 as City Engineer, and from October 18, 1999 - May 31, 2007 as Deputy Director for Engineering / City Engineer; and Gary has been a valued leader to the City, serving within the City's largest Department, working on major projects such as: 8th Street Reconstruction, 8th Street Bridge Replacements, Western Urban Growth Area Utilities Extension, Wastewater Treatment Plan Construction, Landfill Expansion and Closure, and the Gateway Transportation Center; and Gary's management and engineering skills have permitted the Department and City to excel in providing outstanding service to the citizens of POli Angeles; and Gary's professional approach and demeanor provided valuable guidance to employees to achieve their full potential and work together as a cohesive team realizing efficiencies and cost savings; and Gary now desires to retire from City employment to spend more time with his wife. NOW, THEREFORE, I, Karen A. Rogers, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby REGRETFULLY APPROVE Gary KenwOlihy's retirement and do congratulate him on a long and dedicated career with the City and wish him the best during his retirement. Karen A. Rogers, Mayor May 15th, 2007 . B -11 '~~ B -12 . . . . . . ~ORTANGBLES WAS H I N G TON, u. S. A. CITY COUNCIL MEMO DATE: MAy 15, 2007 To: CITY COUNCIL DAN MCKEEN, FIRE CHIEF ~ TERRY GALLAGHER, ACTING POLICE C~ PUBLIC SAFETY CITIZEN ADVISORY BOARD FROM: SUBJECT: .' ." Summary: Both the Police and Fire Departments are proposing to combine the existing Medic I Advisory and Law Enforcement Advisory Boards into a single Public Safety Advisory Boarel. Not only will this newly formed Board encompass the responsibilities of the existing boqrds, it will also provide. an avenue for citizen input into matters relating to fire protection and emergency management. '., Recommendation: Approve the merger of the Medic I Advisory Board and Law Enforcement Advisory Board into a joint Police and Fire Public Safety Citizen Advisory Board. Background / Advisory: In 1990, the City Council established a Medic I Advisory Board. The primary purpose of the Board was to review the qualifications of ambulance licensees witbiu tb:~ City. In 1992, the City Council established a Law Enforcement Advisory Board. The purpose of that Board was to provide guidance and recommendations regarding community law enforcement issues. In the years since those boards were established, there have been significaI).t changes in the missions of both the Police and Fire Departments. For example, both departments have new responsibilities with respect to homeland seclffity, community policing, response to. drug labs and emergency management in the wake oflarge-scale disasters. Today, the Police and Fire Departments work together more closely than ever 'before. We recognize that it takes an integrated response in order to effectively respond to the myriad of complex situations that we face daily. In light of these mission changes, it makes sense to combine the existing Medic I Advisory and Law Enforcement Advisory Boards into a single Public Safety Advisory Board. Not only will this newly formed Board encompass the responsibilities of the previous boards, it will also provide an avenue for citizen input into matters relating to fire protection and emergency management. F-1 City Council Page 2 May 15, 2007 Examples of dutiesofthe proposed Public Safety Advisory Board are: 1. Advise and make recommendations to the City concerning the provision of public safety servlCes. 2. Enhance Police and Fire Department community relations. 3. Review the qualifications and performance of licenses under the ambulance license provision of the Port Angeles Municipal Code.'>' 4. Serve as a liaison between the Police and Fire. Departments and the co:rnmunity. Both the Law Enforcement Advisory Board and the Council' s H~a.1th &- Safety CoIllmittee vC)ted unanimously to forward a favorable recommendation to the City Council to approve the joint Public Safety Citizen Advisory Board. DM Attachment: Proposed ordinance F-2 . . . . ) ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, creating a Public Saf~ty Advisory Board, and amending Chapter 2.26 of the Port Angeles Municipal Code. WHEREAS, there currently exists a Law Enforcement Advisory Board created by Ordinance 2724, creating Chapter 2.26 of the Port Angeles Municipal Code. WHEREAS, a close relationship between the Police and Fire Departriients and the community is an essential part of a responsive and responsible city government; and WHEREAS, the benefits of such a relationship are immeasurable not only for these departments, but also for the residents, business community, and City officials, and . WHEREAS, as a means of enhancing Police and Fire community relations, communications, community confidence, and the effective and efficient delivery of public safety services, the Police Chief and the Fire Chief have proposed that a Public Safety Advisory Board be created by restructuring the existing Law Enforcement Advisory Board; and WHEREAS, the City Council finds that such a Board is a desirable step in insuring quality citizen input and information exchange concerning public safety services within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFPORT ANGELES DO HEREBY ORDAIN as follows: Section 1. Ordinance 2724, as amended, and Chapter 2.26 of the Port Angeles Municipal Code are amended to read as follows: L _ -1- F-3 Chapter 2.26 LAW ENFORCEMENT PUBLIC SAFETY ADVISORY BOARD Sections: 2.26.010 2.26.020 2.26~030 2.26.040 2.26.050 2.26.060 Board Established. Composition of Board. Appointment - Terms. Compensation. Duties of Board. Meetings and Procedure. 2.26.010 Board Established. There is hereby established for the City of Port Angeles a citizens' advisory board to be known as the "Lal'\! Enforccmcnt Public Safety Advisory Board." 2.26.020 Composition of Board. The Board shall consist of ten twelve (te12) members, who shall meet the following criteria, provided that a majority of the members shall be City residents: A. All members shall either be City residents or work or attend school within the City; B. 1 At least two (2)members shall be owners or managers of businesses located within the City; C. One (1) member shall be a representative from the Port Angeles School District #121. D. T\?Vo (2) At lease one 0) members shall be ~ high school student agc rcsidcnts of the. Ciry ~ and students at thc Port Angeles IIi~h SchooL that is recommended by school administration. E. One (1 ) member shall be affiliated with an associated EMS agency that operates in the City of Port Angeles. i )' \.......- -2- F-4 ., ) F. Other members shall be selected, to the extent feasible, to represent diverse segments of the community. EG. Eligibility shall not extend to defendants in any pending criminal matter before the courts nor to those individuals under active supervision by the Department of Corrections. FH. The Chief of Police 01 a de5igncc and the Fire Chief shall serve as an advisor~ to the Board. 2.26.030 Appointment - Terms. A. All Board members shall be appointed by the City Council. D. Initial appointments to the: Doatd 5hall be made f01 the following te1l115. Tluce (J) member5 of the Doatd shall be appointed fOl one (1) ) Cat T~o (2) mGmbe15 of the Doatd shall be appointc.dfol two (2) ) car tenmi. T~o (2) mG1nbe:r1'l of the Doard shall be appointed for three (J))eat T1m~e (J) member1'l oft11e board 1'lhall be appointed fo1 fom (4) ,eat tmms. B. Current members oftlle Law Enforcement Advisorv Board shall be members of the Public Safety Advisorv Board, utilizing their existing terms. C. All appointments shal) be deemed to have commenced on March 1 st ofthe year ofthe appointment and to expire on the last day of February ofthe year in which the appointment will expire. .(~) -3- F-5 D. A115ub5Gqucut appointments, except for vacancies, shall be for four (4) years terms, provided that members shall remain in office until their successors are appointed and confirmed; provided further that the high school member~ shall serve a one (1) year term. E. Vacancies occurring otherwise than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as original appointments. F. Members may be removed at will at any time prior to the end of tl1e term by the City Council. In addition, members who fail to attend three (3) consecutive regular meetings may be considered to have vacated their positions and may be replaced, as provided for herein. Any member who ceases to meet the criteria for his or her selection as provided in P AMC 2.26.020 shall be deemed to have forfeited his or her position. 2.26.040 Compensation. No member of the Board shall receive compensation for services performed. 2.26.050 Duties of the Board. A. The duties of the board shall include, but not be limited to, the following: 1. To advise and make recommendations to the City Council, City Manager", and Chief of Police, and Fire Chief concerning the provision of po1icc protGction and public safety services within the City; 2. To enhance pEolice Department and Fire Department-community relations; u 3. To review and make recommendations concerning pEo1ice and Fire d: Department policies, procedures, and programs, in aCG01danc,G with W ASrC 5tandard5 for accIGditation, including accreditation standards, and budgetary implications thc.rcof; -4- F-6 ...- 4. To review the qualifications and performance oflicensees under Chapter. 5.08 ofthe Port Angeles Municipal Code~ 41. To promote public awareness of the City's pE.olice and Fire services and programs, induding, but not limiu,d to crimcpIeventioll and D.A.R.E. ~ 5,g. To hold public meetings from time to time to solicit public input regarding police public safety services and programs; 61- To serve as a liaison between the p~olice and Fire dDepartment~ and the community-:~ . -Tg. To apprise the City Council, City Manager~ and Chief of Police and Fire Chief, of the community's need for police public safety services; -8-2. To encourage individuals and community groups to assist in the police department in police and fire programs and services, including the provision of funds, manpower and capital; 910. To review and make recommendations concerning such other and further matters as may be referred to the Board, from time to time, by the City Council, City Manager,. or the Chief of Police Chief or Fire Chief; tell. To review and make recommendations regarding legislative changes affecting police public safety services in Port Angeles. D. The DOald shall make,a qua:rtcI1, rcpOlt to the Citji Council, Ci-ry Manager and Chief of r oliec r egar ding its acti v ities. .~) -5- F-7 €!!. Notwithstanding the broad duties of the Board under subsection A of this Section, the Board shall have no power or authority to investigate, review, or otherwise participate in matters involving specific poli:ee public safety personnel or specific pcliee public safety related incidents:- unless specificallv requested by the Police Chief. Fire Chief. or City Manager. 2.26.060 Meetings and Procedure. A. The by-laws of the Law Enforcement Advisory Board as they exist on the date this ordinance is adopted shall be the initial by-laws of the Public Safe-tv Adviso~Board. The Board shall adopt may amend by-laws and rules of procedure consistent with this Chapter. B. The Board shall have at least one (1) regular meeting per month on such day of the month and at such time as may be established by the Board in its by-Iaws:-, except as modified by a maiority vote of the Board. Special meetings may be held as often as the Board deems necessary. All meetings of the Board shall be open to the public, except as otherwise provided in the Open Public Meetings Act, Ch. 42.3 0 RCW. All requirements of the Open Public Meetings Act shall be followed by the Board. C. F or purposes of conducting the Board's business, exercising its powers and for all other purposes, a quorum of the Board shall consist offivc. (5) 01 mOle members a simple maiority of the filled positions. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Board, shall be deemed and taken as the action and decision of the Board. D. The Board shall elect such officers as it deems necessary in order to conduct its business. u -6- F-8 e. ,. 'j E. The Board shall tape. rc,cord or keep minutes of all meetings held and all business transacted. All records of the Board shall be open for public inspection, except those that may be exempt from public disclosure under state law. COrd. #2724 S 1 (part), 12/25/92) Section 2. Chapter 2.54 PAMC is hereby repealed in its entirety. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinaJ.}ce numbering, section/subsection numbers and any references thereto. Section 4 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid,. the remainder of the Ordinance, or application ofthe provisions of the Ordinance to other persons or circumstances, is not affected. . Section 5 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect shall take effect ,2007. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _ day of ,2007. Karen A. Rogers, Mayor ATTEST: APPROVED AS TO FORM: Becky 1. Upton, City Clerk William E. Bloor, City Attomey PUBLISHED: ,2007 By Summary ~ G:\LegalJ3ackup\ORDINANCES&RESOLUTIONS\ORDINANCES.2007\2007-4.PublicSafetyAdvisoryBoard2-20-07 .wpd (April 23, 2007) -7- F-9 F -10 . . . . . . DATE: To: FROM: SUBJECT: Fr..".m....'o...r ...R..... 'T".,.,,"~...... "..N.,. 'G,rm i.E.....'...Lr E,.',,'.',S.{'.'.'.. i . ...) f\' .,/ -;) \; {, , ; _ I ." ',i"., J~o/ j" j__. . J -' · ,-, '- J WAS H I N G TON, U. S. A. CITY COUNCIL MEMO May 15,2007 CITY COUNCIL William E. Bloor, City Attorney Business License Ordinance SUMMARY: The attached business license ordinance represents a complete revision of Title 5 of the Port Angeles Municipal Code. It is offered for your consideration. RECOMMENDATION: Conduct first reading of ordinance. DISCUSSION: Port Angeles is a non-charter code city. As such, it is expressly authorized by statute to license all businesses, occupations, trades, and professions conducted within the city limits. The attached ordinance represents a general exercise of the City's business licensing scope. As background, in Washington there are 3 types of city business license ordinances. Those purposes are administration, regulation and taxation. A city can adopt an ordinance for anyone or combination of these purposes. The administrative purpose is the simplest. It is designed to provide a current list of the businesses operating within a city, the names of the owners, the addresses, and similar information. The license fees are only enough to offset the cost to the city in administering the program, and no attempt is made to restrict the type of businesses or to regulate the manner in which a business is conducted. Somewhat more complex are the ordinances that are regulatory in purpose. These ordinances fulfill the first function, administrative. That is they provide a means of knowing what businesses are operating in town. In addition, they are intended to regulate certain businesses. They may attempt to encourage or to discourage particular types of businesses. They also may recognize that certain types of businesses raise legitimate concerns for the community and therefore regulate the manner in which those businesses are conducted. Finally, a business license ordinance can be for the purpose of revenue. The theory is that a business benefits by the privilege of operating within the city limits. Since the business does profit from the ability to operate within the city, it should pay something to defray some of the costs of city operations. F -11 May 15,2007 Re: Business License Ordinance Page 2 . Currently Port Angeles has a series of individual ordinances requiring licenses" for specific businesses. They are regulatory. That is, the ordinances regulate the manner of operation of certain businesses. Examples are tatoo parlors, taxis, fireworks stands, and others that, for public policy reasons, various city councils have deemed appropriate to regulate. Currently in Port Angeles we do not have the first type of business ordinance, the administrative ordinance. The purpose ofthe proposed business license ordinance is two-fold. The first purpose is to institute an administrative business license applicable to all businesses within the city limits. The second purpose is to retain, but refine, elements of the City's current business license ordinances that regulate certain specific businesses that are concerns. A draft of the proposed business license ordinance is attached. It is intended for a first reading and discussion. For the most part, the administrative provisions of the ordinance are unexceptional. That is the provisions of this ordinance that require a general business license are fairly common. While there are variations around the state, provisions such as these can be found in many other cities. Nevertheless, thyre are a few issues that the Council needs to decide. They were items of discussion, . and for that reason I will mention them specifically. 1 - Fee. This ordinance is not intended to raise revenue for the City. It is not a tax and this license ordinance is not intended to be the basis of a tax. Express statements to this effect are included in the statement of intent that is found at the beginning of the ordinance. See the new 5.04.020 and Section 4. The staff recommendation is for a flat fee of $50. This is the staff s estimate of the amount required to defray the cost incurred by the City on an annual basis for the licensing program as it is contemplated. This will not result in additional money for the City. The fee is designed only to cover costs. It is anticipated that the costs will not vary much from year to year. That is, much the same process and work is involved in license renewal as in issuance of the original license. 2 - Information Required for a License Application. This ordinance does not address in detail the specific information required for a business license application. The application design and specific questions are an administrative matter. If the application itself were included in the ordinance then it would require an ordinance amendment every time the smallest change were made in the application. For this reason the ordinance addresses the general parameters of a business license application but not the minute details. 3 - Scope of License Requirement. In prior meetings there were discussions about the scope of the license requirement. As originally proposed, the ordinance would require that every entity doing business inside the City limits have a business license. As an alternative it was suggested that only businesses "domiciled" . F -12 . . . May 15,2007 Re: Business License Ordinance Page 3 in the City should be required to have a business license. To my ear, at least, these discussions did not lead to a consensus. This ordinance retains the original concept - every entity doing business inside the City limits is required to have a business license. There are several reasons. First, this is a fairly common requirement and most businesses are accustomed to it. Second, it better achieves the purposes ofthe ordinance. The ordinance is designed to provide information about people doing business inside the City and also to provi de information for public safety purposes. Those purposes are best accomplished by requiring all businesses operating inside the City to obtain a license. Limiting the ordinances to businesses "domiciled" in the City will significantly hinder the ability to ac~omplish the intended purposes of the ordinance. For example, there are many businesses that operate inside the City about which we do want some public safety information, and we do want to include in our inventory of businesses; yet, they are not domiciled here and so would be exempt from licensing. Examples include Safeway, Gottschalks, RiteAid, McDonalds and many, many oth~rs. In short, the staff recommends a comprehensive business license requirement to best accomplish the purposes of the ordinance. Nevertheless, this is not a decision for the staff to make. This is a decision for the City Council to make. 4 - Enforcement. This draft of the ordinance includes a range of enforcement options. These are intended to encourage voluntary compliance rather than to punish non-compliance. For that reason and because the City makes no money from this ordinance, the intent in the enforcement section is to make available a range of tools that will achieve compliance. At the same time, the ordinance does provide significant penalties for recalcitrant or intentional non-compliance. In an ordinance of this length, there may be numerous other issues of interest to the Council. I have not attempted to summarize each and every provision of the ordinance. If, prior to the Council meeting, you do have any questions or comments please do feel free to contact me. Since this is the first reading ofthe ordinance, alternative language on this point, or any ofthe other points, can be preparesi and available in advance of the next Council meeting. /{l. ~ /~/ M#t0Z------ William E. Bloor City Attorney Attachment WEB \dl (G:\LEGALIMEMOS.2007\Council.Business License Ord.051007.wp~ F -13 F -14 . . . . DRAFT 5/11/07 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's licensing and regulation of businesses, and fees associated therewith, and amending Titles 5 and 3 of the Port Angeles Municipal Code. WHEREAS, the City wishes to update and amend its licensing and regulation of businesses within Port Angeles. NOW, THEREFORE, THE CITY COUNCIL OF DO ORDAIN AS FOLLOWS: Section 1. T ANGELES, WASHINGTON, Ordinance 2050, , Business Licenses and Regulations, shall be amended by amending . Sections. . 5.04.100 5.04.110 5.04.120 5.04.130 5.04.140 5.04.150 5.04.1GO 5.04.170 5.04.180 , 5.04.190 5.04.200 5.04.210 Posting - Iuspection. Tr ansfer - Assignment. Rebate. Multipk Dusinesses at One: LOGat1on. Same D usiness -' Multiple LOGations. Revocation - Municipal JUlisdiction. RevoGation - Authority - NotiGe. RevoGat~on - Partial. RCvoGation - Referral to City COtmGil. Re vocation - ConduGting D usin{,ss U claw full)l. Revocation - Appeal- License Right. Revocat.ion - Appeal- Hearing. -1- F -15 DRAFT 5/11/07 ~ 5.04.220 5.04.230 5.04.240 5.04.250 5.04.260 Revocation - Appeal - Decision. Servic~ of Required NoticGs. Renewal. Pees. rena1ty. 5.04.010 rmpose.. This Title, is an e.xercise of the polic" powe.r of thG City alldis necessary for thc plOtection of the public health, safety and we1fMc of the c1tihens of rOlt AHgdc.s, through the regulation of cc.rtain ry pes ofbuslllGsses within the: City. 5.04.020 Scope. TIlls Title is intended to license Mld re:gu1a:te. only those types of businGssGs in thc City which atG specifie,ally lequired by this Title. to obtain a bosinesslicense. ~ , businGss, an indie,ation of whether the bl1siness is tenlporary or perma.uent, dud alry other info.lmation tius Title 01 the Clerk lequires for processing the application. The applicant shall also tendGr the fce for issuance, of the, businESS licensc. D. Afterleceipt of a compl,ded application and the business license &.e, th~ Clerk shall rev iew the appliGation and shall, except as other wise pro v ided, issue or den)' the business li"cnse within five V\lorwlg days after rcc'eipt of the completed application. . C. Nothing in this SeGtion or a.rry other Section of this Title shall prevent the City Clerk or allY other authorized City officla1liom lequiring flom the, applicMrt any information neCeS6a1)i to ascertain whethel the appliearrt is, or will be, in compliancG with all City ordinances or State, law s. 5.04.050 Application - Denial - Cause. The Clerk shall dGl1)I a11J application for a ~ -2- F -16 ;I . DRAFT 5/11/07 businc,sslicensc when the applicant is not in compliance with all ordinances of the Ciry and statutes ofUle Stcite as now existing or hereafter amended. If, aft~r investigation, th~ Clerk finds that the applicant has been convicted of a erune of moral trnpitude or othe.1 crimc which relates to thc activiry for which the business license is 50ught or finds good reason to believe that i5~mance of a businc5s1icense to the applicant would be otherwise. adver5e to or umea50nably jeopardize the health, welfare and safety of the citizw5 of the City ofrort Angeles, the Clerk may deny such application. The Clerk 5hall, upon denial, inform the applicant in writing ofthe reason for denial and shall cite the ordiuMcc 01 5tatute of which the applicc:tioll is ill violatiOll, if applicable. 5.04.0GO Dcnial- Applicant Right to Appeal. Any applicant d{'l1ied a busillcs51icense by the City Clerk shall have a right of appeal to the Ciry Council. The applicant shall, within . ... . . A. All busines51icen5e5, unle55 other w i5e 5pecific-ally pro v ided, shall be for a period of 011e yeal, beginning July 15t of each year and terminating the following June 30th. The fee fora bU5incs51iccnse. i5sued to a business 5tarting after July 15t 5hall bc prorated to the end of the bU5ine55 licCIlse paiod, 5uch pr oration to begin 011 the fu 5t orthe month next folIo wing i55uance of the busuless license. D. Any applicant who intends to cOllduct a busin(:'55 temporarily may apply for a temporary busine5S1ice1l5e for a pc-riod 9f one to tll1ee months, for which the fee 5hall be as set forth in Chapter 3.70 r AMC. C. Upon receipt of an affidavit atte5ting to the 1055, theft, or destruction of an othcr wise valid lieensc, such 1055, theft or de5tr uction not being due to the willful mi5conduct of the licen5c(" the Ckrk shalllei55ue a license fur the duration of the license period to 5aid licCI1see upon receipt or the fec a5 5(:,t f01ih in Chapter 3.70 r AMC. . -3- F -17 DRAFT 5/11/07 ~ 5.04.100 rosting. - Inspe.dioll. A business lIcense shall be conspicuously posted at the businGss for wlJch it was issued, and shall be produGGd fiJl ii1spection upon the request of fuiY authorized City official, provided, however, that when the liccnsce has no pCHuancnt placG of busincss thEn SUGh 1ic,(,ns(, must be c'anied on the petson of suc,h l~cei1see or attached to and conspicuously displayed on any personal propcrty whieh is an integral part. of the busillc'ss in whidl th(, 1ieGnsce is engaged. Said license shall be produced fvl inspediou u!JoiJ. til{, rcquest of any aatholiz;cd City offidal. 5.04.110 TrMsfer - Assigrullent. No license issued under the plOvisions of this Titic shall be tramfcrabk or assignable, provided, that in the event of dc,ath of the licensee, the SUI vi v ing spouse, "state, or Otild heil may operate tile business under th" existing license for a peri~d not to exceed thirty days., In th~ evGnt of the sale o~ a business, ~he ncw o~ne1 sh.all be commencing to conduct a bUSinESS in the City, 5.04.120 Rebate. No rebate is allowcd. ~ authoriz;cJ to rc'voke the lic,c,nse of any person, whetl there is a reasonable belief that the businGss is being condudc'd in violation of airy ordinauc'e ofthG City or any statute ofthe State. The City Manager, or an aathori.t;ed City eHlp10 yee shall sewre the license and post notic'e of rc,v oc,ation oithelic'ense on the !JIGmises. Writtcn notice ofthG revocation of the licC1lse shall be givetl to the ho1deI of the, 1ic,eHse w1J"h shall illfouH the 1iGulsee of the reason for revocation, and dte , . . tile ordinanCE or statute of which the licensee is ill violation. 5.04.170 Revocation - rartial. lithe license is for mOle than one type ofbusincss and license ofless than all oHhe businc'ss ~s revoked, tile Ci.ty Mana.gel or autllorized City employee shall affix a notice of rGvocation to thdiccnsc. The City Clerk shall, as .soon as pI acticablc aftcr the revouttion, issue a new business license, for those permitted t)l pes of bUi>illeSSCs, which 1ie\..<llse, shall bc substituted for the license previously issucd. ~ -4- F -18 . DRAFT 5/11/07 5.04.180 Revocation - Rdc,na1 to City CoullGil. IftIl'- City Managerdetermtl1es that summary revocation of a businc65 license, pursuant to Section 5.04.1GO is llOt nec.ess<'Uy to protec.t thepublic health and wdfaJ.e., he may refer tile question of whether to revoke a particular businesslic..:;nse. to the. City Council. Not~ee of the. refeJ.ence by the City MaHag,~! oHhe question to the City Council for de.cisiollshaU be, gi ven to the licensee, pursuaat to the terms of this Title. The Clerk ~hall place tllc qucstion on the ag,chda of th" next let;ulatly ~"h~dulcd Council meeting. The Council shall act upon the question of revocation in accordance WitIl tlle tcrmsof Section 5.04.210 and 5.04.220. . 5.04.190 Revocatioll.- COllductil1gDusiness UIJawful. Conductofbusihess aftelnotice of revocation of the license is given is UI1lawful. It shall alsobc unlawful fOl arty person with actual knowledge of the levocation to transact c'Hty busine.5s with any PW,Oli whose license has bccnlevoked. . 5.04.240 Renc,wal. rrior to expiration of a business license, the City Cldk shall notify the licellsee ill writing, at least thirty days plior to e.xpiration, of the e.xpiration date, of the licensc, and of the fee for lcnewal. . If the Clerk deterlhines that any li"e.llSO should not be rerlGwc'd, f01 reason of noncompliance with any of the terms of this Title., the Clelk shall 50 notify the. liGense-e, in writing, and at lc.ast thirty days pli01 to expliation. The lie.cnsce may appeal tile Ckrk's decision, in accordance with the procGdwes ofSeetion 5.04.0GO. If the fee for renewalis not paid prior to expiration ofthe license, the liGerlSe shall be Hull and void after that date, aHd the business shall be an tlnlicensed Oile, subject to all other provisiolls oHilis Title, as oftho date of e.xpiration. . 5.04.250 Pees. A. rUl all businessesleyuilingalivense under theteulis oftIris Title, which we:renot -5- F -19 DRAFT 5/11/07 . previously licellscd by the Ciry, the annual businesslicellse fee for tile lieense year 1979 - 1980 shall be prolated as of the:, effee,ti ~e date of the ordinance codified ill this Title. D. fOl all businesses plvviously l~censed by the City, the. folIo wing proecdmcs shall apply ror the liccnse, fee to be, paid by that business for the license, yeell 1979 - 1980. 1. The, licensce shall pay the prorated portion ofthe. annual basinc:sslkellse fees required undcr those, ordinallcu, Ie-pealed by the ordinelllce codified in tlus Title, from July 1, 1979, to the effective date of tho oldinanee codified in this Title. 2. The:, lie,cnsce shall pay the prorated portion of the a.nnual business fee established by this Title, nOlll and aftel the effee,ti ve date ofthc ordinance codified in this Title for the remaindet OftilG busine,sslic(,nse, ycar 1979 - 1980. J. . Ifthe totallic..ells(' feqJlevioasly paid by the business rol thdie,ensc ye,ar 1979 - 1980, exceeds the fees due frOlil that business tmde:r subsee,tions 1 and 2, SUdl business . . lefunded may be rounded to the nearest dollar. 1 II. III. IV. . L PROVISIONS Sections: 5.04. 5.04. 5.04.030 5.04.040 5.04.050 5.04.060 5.04.070 5.04.080 5.04.090 5.04.100 5.04.110 5.04.120 5.04.130 5.04.140 5.04.150 ns. e Re uired. icense Application, Review and Issuance. License Due Date, Term and Fees. Disclaimer of City Liability. Posting, Inspection. No Assignment or Transfer of License. Change of Business Name or Location. Grounds for Denial. Revocation or Suspension of License. Denial. Revocation or Suspension - Procedure. Service of Reauired Notices. Reissuance of License. Other Chapters. . -6- F - 20 . DRAFT 5/11/07 5.04.010 - Short Title. This chapter shall constitute the business license code of the City and may be cited as such. . . 5.04. The I to all Sections of this Title unless the context of the Section indi A. Bu W 82.04.140 is ado ted b reference. - 1. "Engaging in business" RCW 82.04.150 is adopted bv reference. 2. "Non-profit business" 'means any business that qualifies as a non-profit business under the US Internal Revenue Code, as amended from time to time. 3. "Public Utilitv" means any business, whether or not regulated bv the Washington Public Utility Commission or federal agency, delivers water, sewer, gas, electric, cable television, cable modem, satellite television, satellite modem, or telecommunications services within the City of Port Angeles. B. "Business license" includes the word "permit" and means a certificate issued bv the City Clerk to a specific person, allowing the conduct of a designated business for a definite period of time at a specific location within the City in accordance with the provisions of this Title. C. "City" means the City of Port Angeles, an optional municipal code city operating under the provisions of Title 35A RCW. -7- F - 21 DRAFT 5/11/07 ~ D. hired to ~ 5.04.04 A. business ex and 0 outside the Ci An eles B. A business that believes it is exempt from obtaining a business license shall apply for an exemption on a form provided by the City. C. If two or more related businesses are carried on at the same premises or by the same owners, a separate license is required for each business that is required to have a Uniform Business Identifier number. . D. Same Business - Multiple Locations. Any person conducting the same type of business at two or more permanent locations shall be required to obtain a separate license for each place of business. E. Where: - 1. A business is leased, under concession to, or owned wholly or in part by a different person or persons on the same premises, such business must be separately licensed, unless exempted by this ordinance. (For example, in the case where a business allows a food or other concession to be operated on the premises, and where the concession is owned bv a ~ -8- F - 22 . DRAFT 5/11/07 separate entity, the concession is a separate business activity, requiring a separate license). 2. A single business occupies more than one building and the separate building occupancy is an adiunct to the same business actiyity (such as a retail or wholesale business that operates a warehouse in a building separate from the central business office or retail sales location). then only one license shall be required: but the business licens.e application shall list all buildings where business actiyity occurs, proyiding necessary detail as to the activity conducted in each separate building. 3. A business is owned by a corporation or operates under a franchise, it shall be the responsibility of the local business manager to obtain the required license. . ill and all branch storefro ill @ code number: of the number of full time art time or seasonal em 10 ees of the busin 9 er determines that the a lication should contain: .Q.Q} e signature of the applicant or agent making the application: (11) If the applicant is a foreign corporation or a non-resident of the State of Washington, and no permanent business location is proposed to be created in the City, the applicant shall appoint a local person, acceptable to the City Manager, as an agent for accepting service of a process, notice, or demand required or permitted service of a process, notice or demand required or permitted by law to be served upon the applicant. The applicant shall submit with the application, the agent's acknowledged consent to acceptance of said service on the form provided by the City. B. The City Clerk shall cause an investigation and review of the application to be made by the proper City officials. C. The City Clerk shall issue or refuse to issue the license within thirty days of the date of filing the application. . -9- F - 23 DRAFT 5/11/07 . se unless otherwise .70 PAMC. . ess to renew its business . If orrenewal is not aid rior oid after that date and the business . si ns of this cha ter as of the date of shall not excuse the business from r renewal or for the a ent of the . 5.04.080 - Posting, Inspection. A business license shall be conspicuously posted at the business for which it was issued, and shall be produced for inspection upon the request of any authorizedCitv official; proyided, howeyer, that when the licensee has no permanent place of business then such license must be carried on the person of such licensee or attached to and conspicuously displayed on any personal property which is an integral part of the business in which the licensee is engaged. 5.04.090 - No Assignment or Transfer of License. . -10- F - 24 . DRAFT 5/11/07 No license issued under the provisions of this Title shall be transferable or assignable: provided, that in the event of death of the licensee, the surviving spouse, estate, or other heir may operate the business under the existing license for a period not to exceed thirty days. If ownership of a business is transferred during the year, the new owner shall apply for a new business license and pay a separate license fee prior to commencing to conduct a business in the City. 5.04.100 - Change of Business Name or Location. Within 10 days of any change, businesses that change physicallocatibn or business name shall record the change of address or business name with the City, but shall not be required to pay a new fee for the current year. . . 5.04.120 - Denial. Revocation, or Suspension - Procedure. A. Notice of DeniaL Revocation or Suspension. The City Clerk shall send notice bv certified mail to the applicant at the last address given to the City Clerk by the licensee. The notice shall: 1. State the intention of the City to deny, revoke or suspend the license: 2. Cite the reason for denial. revocation or suspension: 3. Cite the ordinance or statute of which the applicant or .licensee is in violation, if applicable: 4. State the effective date of revocation or suspension: 5. State the right of the applicant or licensee to request a hearing on such denial. revocation or suspension: -11- F - 25 appeal. . d. siness Unlawful. Co iness after notice of revocation of the license is . ven is unlawful. It shall also be un1awfu for any person with actual knowledge ofthe revocation to transact any business with any person whose license has been revoked. 5.04.130 - Service of Required Notices. Any written notice required by this Title to be given to any licensee or applicant shall be sent by certified mail to the last address given by the licensee to the City Clerk or by the applicant as shown on the application to the last address provided to the City Clerk by the licensee. ' 5.04.140 - Reissuance of License. Upon receipt of an affidavit attesting to the loss, theft, or destruction of an otherwise valid license, such loss, theft or destruction not being due to the willful misconduct of the licensee, the Clerk shall reissue a license for the duration of the license period to said licensee . -12- F - 26 . DRAFT 5/11/07 upon receipt of the fee as set forth in Chapter 3.70 PAMC. 5.04.150 - Other Sections. The remaining sections in this title are intended to impose additional regulation on specific types of businesses. They should be interpreted as being consistent with. and supplemental to. this chapter. II. - SPECIFIC BUSINESSES . Sections: 5.04.300 5.04.320 5.04.340 5.04.360 5.04.380 5.04.400 5.04.420 5.04.440 5.04.460 5.04.480 5.04.500 5.04.520 Is Sold or Served. 5.50.020 5.50.030 5.50.040 OOC. 5.50.050 5.04.300D. 5.50.0GO 5.04.300R s and Metal Purchasers. Section 5.04.300 Sections: Definition. Lice,nse Re,quired. License Application Requirements. Minimum Age. License Issuance. Operation and Development Standards. 5.50.0105.04.300A. Definition. "Adult Entertainment Business" means any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that is unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola and/or any portion of the genital region. . 5.50.020 License Requi1ed. No pe.!SOll shall operate, 01 cause, to be operated, an adult enteliaimnent basines6 ill the -13- F - 27 DRAFT 5/11/07 ~ City without first ubtaillin~ from the City Clerk an annual busincsslicellse for that pmposc. 5.50.030 5.04.300B. License Application Requirements. In addition to all other information required of an applicant for a business license, an applicant for an adult entertainment business license shall pay a license fee in the amount set forth in Chapter 3.70 P AMC and provide the following information: *1 All applications shall be submitted on a form supplied by the City Clerk, which shall require the following information: tg. The name, home address, home telephone number, date and place of birth, driver's license nUmber, if any, and social security number ofthe applicant if the applicant is an individual; zg. The business name, address, and telephone number of the establishIDent; rs, dates and places of birth, and eral partners, with management g the interest or management :1f. The names, addresses, telephone nu social security numbers of officers, directors, and an responsibility in connection with the business, responsibility of each; 4~. The names, addresses, te social security numbers of all employees; 5~. Terms of any loans, 1 relating to the business; 6f Addresses oft of application; 7~. A description 0 applicant; whether such per or state, had had a busine and the activity or occu ~!l. or minor traffic . of court, and . d transactions, and repayments therefor ainment or similar business history ofthe eviously operating in this or another city, county, permit revoked or suspended, the reason therefor, such action, suspension, or revocation; convictions or forfeitures other than parking offenses g dates of conviction, nature of the crime, name and location er, partner, or corporation; p n of the business, occupation, or employment ofthe applicant y preceding the date of application; rization for the City, its agents and employees, to seek information set forth in the application; ttk;. upplemental identification, including photographs of all persons required to be identified inthe application, and/or information necessary to confirm matters set forth in the application. HZ. All information provided on the application form shall be kept up to date by informing the City Clerk of personnel ~hanges or any other change in the information provided on the license application. Documentation of age requirements shall be submitted with the application and with information updates. The City Clerk shall review the application and shall approve or deny a license within lO working days for any application or business that respectively does or does not meet the requirements and standards of this Chapter. ates and places of birth, and e five years immediately prior to the date ~ for the three y 5.50.0405.04.300C. Minimum Age. No person, whether an employee or partner, shall be allowed on the premises who shall be under the age of eighteen. ~ -14- F - 28 . DRAFT 5/11/07 5.50.050 5.04.300D. License Issuance. Copies of the application shall be referred by the City Clerk to the Police, Fire, Public Works, Planning, or other appropriate departments. The Department~ shall inspect the application, the premises proposed to be operated as an adult entertainment business, and shall make written recommendation to the City Clerk as to whether or not the adult entertainment business license should be issued. The Police Department shall make written verification ofthe information provided by the applicant on the permit application and a recommendation consistent therewith. No permit may be issued without such verifications and recommendations. . 5.50.0GO 5.04.300E. Operation and Development Standards. All adult entertainment businesses shall comply with the following operation and development standards: tr1- The interior of the premises shall be arran shall be visible from the exterior of the premises. B~. No adult entertainment involving live upon a stage at least eighteen inches above the i feet from the nearest patron. €J. No person shall be allowed en years of age. Bi. The business shall be operated experience demonstrate the ability to local laws and the provisions of this or employees with criminal conviction minors, sexual violence, dis' . of sales of controlled subs entertainment business E~. The Po 1 be authorized to make inspections at all times as necessary to ens ith this Chapter and other applicable laws. F~. 'on shall be provided so that all objects are plainly visible at all times. Suo a e not less than ten foot-candles at floor level at all times when the premises ar any member of the public is permitted to enter and remain therein. ez. N everages shall be served or allowed on the premises. H~. No 11 or physical ~ontact shall be allowed directly between the audience (customers) and the performers. f2.. No sexual acts, lewd behavior, representations of sexual acts or lewd behavior, or obscelle visualizations shall be allowed. :fI0. A minimum audience seating area of 400 square feet and 20 seats shall be required for any areas where any live e?iliibition or dancing takes place. such that no adult entertainment . ions or dancing shall occur except late level and removed at least six ho is younger than eighteen aged by persons whose background and ce with all applicable Federal, State, and ess shall not have operators, managers, lvingprostitution, sexual violations with nity or material harmful to minors, peIjury, fraud, rime, or crimes connected with another adult Chapter 5.08 Section 5.04.320 AMBULANCES . Sections: 5.08.0l05.04.320A. Definitions. -15- F - 29 5.08.020 5.04.320B. 5.08.0305.04.320C. 5.08.040 5.04.320D. 5.08.050 5.04.320E. S.08.0GO 5.04.320F. 5.08.070 5.04.3200. 5.08.080 5.04.320H. 5.08.090 5.04.3201. 5.08.1005.04.320J. 5.08.1105.04.320K. 5.08.1305.04.320L. 5.08.1405.04.320M. DRAFT 5/11/07 ~ License - Requlled Issuance. License - Application Requirements. License - Exhibition Required. Ambulance Crew Required. Equipment. Inspection Required. Inspection - New Vehicle. Insurance Required. Service Availability. Acceptance of Protocols. Filing of Ambulance Rates Required. License and Certifications Nontransferable. 5.08.0105.04.320A. Definitions. The following definitions shall apply to th of this ChaptcISection: :A,l. "Advanced Life Support" means' y medical services requiring advanced medical treatment skills as defined . B~. "Ambulance" means a groun injured and to provide personnel, facilities, transportation. €l "Ambulance Service perator" means an agency, public or private, that operates one or more amb a Bi. "Basic Life S " me oninvasive emergency medical services requiring . basic medical treatment s hapter 18.73 RCW. E~. "Board" es Medic I Board created pursuant to this Chapter. FQ. "Emerg or "Emergency Medical Service" means medical treatment and c rendered at the scene of any medical emergency or while transporting ance to an appropriate medical facility, including ambulance transportatio a acilities. 61. edical Technician" means a person who is authorized by the Secretary of the t of Health to render emergency medical care pursuant to RCW 18.73.081. , Hl "Emergency Pre-Hospital Care Personnel" means personnel certified to provide emergency medical care under Chapters 18.71 and 18.73 RCW. f2. "First Responder" means a person who is authorized by the Secretary of the Department of Health to render emergency medical care pursuant to RCW 18.73.081. f1 O. "Medic I Personnel" lI!eans any person who is acting on behalf of the Port Angeles Fire Department and who has been certified as a paramedic or emergency medical technician. IH 1. "Operating an Ambulance" means the use of an ambulance in any ofthe following manners: tg. An ambulance stationed within the City; zQ. An ambulance dispatched :from within or without the Port Angeles City limits which repeatedly or customarily makes trips for hire to pick up the sick or injured :from within the City to health facilities within the City. ~ -16- F - 30 . DRAFT 5/11/07 b12. "Patient" means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. M13. "Person" means any individual, firm, partnership, association, corporation, company,group of individuals acting together for a common purpose, or organization of any kind, including a government agency. N14. "Port Angeles Consolidated Dispatch" or "Dispatch" means the PoliceIFire Dispatch Center located within the Port Angeles Police Department. e 15. "Response Time" means the time from the ambulance service being notified by dispatch to arrival of the ambulance on scene. P 16. "Secretary" means the Secretary of the Washington State Department of Social and Health Services. . 5.08.020 5.04.320B. License - Rcquiled Issuance. :AI. No person shall operate, or cause to be first securing from the City Clerk a business license B.2. No such license shall be issued unl - a. The applicant has fulfille State of Washington, including but not lim' WAC, as now or hereafter amended. b. The applicant has met a 61. There shall be no fees d fo to this Chapter. an ambulance in the City without purpose. cation - Re uirementsd Infolnurtioll. equired of an applicant for a business license, an hall provide the following information: of ambulances owned and operated by the applicant; color scheme, design, or dress, including any monogram or ce; i urance as required. by this Chapter which shall contain an thirty days' notice to the City will be given by the insurance material change or cancellation in the insurance. B~. List ent employyes filed with the City Clerk and updated annually, providing the following information: t~. Valid Washington State driver's license; zg. Evidence of emergency medical technician or first responder certification, including expiration dates. E2. The licensee and each employee listed in (B1) above shall satisfy a record check by the Police Department, showing no criminal convictions for crimes having a direct adverse relationship to custody of incapacitated persons, custody of narcotics and controlled substances, or the safe driving of emergency vehicles. The Police Department shall provide this information on any new employee to the City Clerk within three days. uirements of the laws of the RCW and Chapter 248-17 uirements of this Chapter. bulance business license issued pursuant . 5.08.0405.04.320D. License - Exhibition Required. Each ambulance licensed pursuant to the terms of this Chapte.ISection shall contain the business license or a reasonable facsimile thereof, prominently displayed in the interior of the -17- F - 31 DRAFT 5/11/07 . ambulance in a position where the same may be seen and read by any person. 5.08.050 5.04.320E. Ambulance Crew Required. *1 No person shall operate any ambulance in the City without the same being attended by a crew of two able-bodied persons, both of which shall be emergency pre-hospital care personnel, at least 18 years of age, holding valid Washington State vehicle operator's licenses, holding a first responder or emergency medical technician certificate, at least one of which shall be an emergency medical technician, who shall be in command of the vehicle and shall be in the patient compartment in attendance to the patient. B~. Emergency medical care by ambulance crew will be performed in accordance with the applicable standards and principles of the course of instruction required for the type of emergency pre-hospital care personnel rendering the emergency medical service and will be subject to the immunity from liability provisions of Ch. .71 RCW as now or hereafter amended. €l. The vehicle operator shall be knowled City of Port Angeles. The Fire Chief or his desi written street location examination to determin 5.08.0705.04.320G The Fire Chief 0 license to ensure compl' include adequacy and condition ofthe v occur once pe Chief. t least the minimum equipment required ces. All equipment must be in proper 5.08.0GO 5.04.320F. Equipment. All ambulances, when in operation, sha by regulation of the State of Was . for a operating condition at all times. uired. inspect all ambulances prior to issuance of any ons of this ChaptcISection. Such inspection shall e dical equipment and supplies, and the mechanical its mechanical and electrical equipment. Inspection shall also t any time adequate cause exists, as determined by the Fire . Ins ection - New Vehicles. Upon the ac on of an amh~lance not owned by a licensee at the time of issuance of the business license pursuant to this Chapter Section, the licensee shall notify the City Clerk and the Chief ofrolicc Fire Chief of the identification of the new vehicle. If another vehicle is to be replaced, he shall also notify the City Clerk of the vehicle which is no longer to be used pursuant to the terms of the business license. The Chid of rolic~ Fire Chief shall inspect the new vehicle as required by this Chapter. 5.08.0905.04.3201. Insurance - Required. :AI. No business license shall be issued for the operation of any ambulance until the applicant provides proof of public liability insurance, or an equivalent program of self-insurance, that would provide coverage in the event of liability of the ambulance operator and! or emergency pre-hospital care personnel for bodily injury or death as a result of any accident or occurrence involving the ambulance or the provision of basic life support or advanced life support services. The minimum coverage shall be $300,000 for anyone person killed or injured in anyone . -18- F - 32 . DRAFT 5/11/07 accident or occurrence, $500,000 for all persons killed or injured in anyone accident or occurrence, and $1,000,000 for professional liability coverage. Such policy shall also provide a minimum coverage of $50,000 for damages arising out of injury to or destruction of property in anyone accident or occurrence. B2. Every insurance policy required under this Section shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, but the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the insured, and that until the policy is revoked, the insurance company shall not be relieved from liability on account of non-payment of premium, failure to renew license at the end of the year, or any other act or omission of the named insured. €3. Every insurance policy required under this Section shall extend for the period to be covered by the license applied for and the insurer shall be required to give not less than 30 days' written notice to the City Clerk and to the insured be any cancellation or termination of the policy earlier than its expiration date, and the canc or other termination of any such policy shall automatically revoke and terminate any r ued for the ambulances covered by such policy, unless a substitute insurance policy .th the provisions of this Section shall be provided and be in effect at or prior to ncellation or termination. B.4. Every insurance policy requir der t . s Sectio all include coverage for the ambulance wherever used in the City of es, even if used in violation of this Chapter Section, and shall name the City as an al insured. E2. Nothing in this ion construed to make the City or its officials or employees liable for costs or perfo ambulance services. . 5.08.1005.04.320J. *1 No licens emergency ambulance to nonemergency amb 9-1-1 IN EMER year. Each Ii immediate r t ambulance wi able. B2. Ea shall notify Port Angeles Consolidated Dispatch prior to responding to any call for emer medical services within the City of Port Angeles. €J. Each licensee shall maintain a radio communications capability between each of the licensee ambulances and the telephone answering facility described in (*1) above. B.4. No effort shall be made by any licensee to transport a patient before release of custody has been made by Port Angeles Fire Department Medic I personnel in charge. E2. Each licensee shall provide 24-hour availability. F~. Each licensee shall maintain an average response time of eight (8) minutes for at least ninety percent of the calls for emergency medical service. ili. ertise any telephone number other than 911 for may list or advertise a telephone number for access , ided the listing or advertisement specifies "CALL uch number is answered on a 24-hour basis throughout the very person calling whether an ambulance is available for ediately available, the approximate time delay before an . 5.08.1105.04.320K. Acceptance of Protocols. Each licensee, within 60 days of the effective date of the license, shall enter into an agreement providing for full cooperation between the City and the licensee and for full compliance with the terms of: . *1. Northwest Region (Clallam County) patient care protocols. -19- F - 33 DRAFT 5/11/07 ~ B~. Port Angeles Medic I patient transportation protocols. el. City of Port Angeles emergency response procedures. B~. Port Angeles consolidated dispatch radio communication procedures. 5.08.130 5.04.320L. Filing of Ambulance Rates Required. Each ambulance service licensed under this Chapter Section shall, immediately upon the issuance of a license, file with the City Clerk its schedule of rates to be charged for its services, for the duration of the calendar year in which the license is issued. Thereafter, each ambulance service licensed under this ChaptcrSection shall annually file with the CitY Clerk its schedule of rates to be charged for its services. Said annual rates schedule shall be filed on or before the first day of December of the year preceding the year for which the schedule is to be in effect. The schedule of rates shall be a matter of public record and open to public inspection in the office of the City Clerk during normal business hours. An visions during the calendar year shall be filed with the City Clerk and be open to public' tion. It is unlawful for any ambulance service, inc y of its agents or employees, to charge, demand, collect or receive any greater rate ose posted with the City Clerk. It is unlawful for any ambulance service to ch , equipment or supplies not provided by the ambulance service to the pa . Sections: Nontransferable. Section sh",ll be personal to the one erson. 5.08.1405.04.320M. License and Licenses and certifications is to whom issued and cannot be transD ~ INTOXICATING LI UOR IS SOLD OR SERVED Definitions. Lic.m5e - Required. License - Application Requirements. Dancehalls - Regulations. 5.24.0105.04.340A. Definitions. The following definitions shall ,apply to the provisions of this Chapter Section: *1. "Intoxicating liquor" includes wine, beer, whiskey, and all other liquors or beverageS-having an alcoholic content and which are fit for beverage purposes. B,2. "Public dance" means any dance not held or given in a private home or residence. eI "Public dancehall" means any room, place or space, except a private residence or home, where dancing is permitted and carried on, including a room, place or space within a club. 5.24.020 Lic.c.n5(, - Reauired. ~ -20- F - 34 . DRAFT 5/11/07 No pC,lSOll shall maintain 01 conduct any public dancchall whele intoxicating liquol is sold without obtaining, from the Clelk a buslne5sl1vense f01 such pmpose. 5.24.030 5.04.340B. License - Application Requirements. In addition to all other information required of an applicant for a business license, an applicant for a "dancehall where intoxicating liquor is sold" license shall provide the following information: *1- B~. €~. B1. E~. The location of the dancehall where the dances are to occur; The name of the owner of the premises upon which the dances are to occur; The approximate capacity of the hall; The type ofliquor to be served; Hours of operation. . 5.24.040 5.04.340C. Dancehalls - Regulations. Each dancehall where intoxicating liquors a following regulations: *1. No operator of any public dance carry, or -transport into the public danceh intoxicating liquor. B6.. It is unlawful to sell, serve, or g liquor, other than beer and wine, at a ic da €~. No operator of a pubh under the age of twenty-one years to accompanied by a parent, sp r leg prohibit the entry of such y d or motel, and actually business. B1. on the premis r served shall be subject to the permit any person to bring, container containing any or distribute in bottles any intoxicating owingly permit or allow any person public dancehall, unless such person is dian; provided, the foregoing provision shall not room located on the premises occupied by a hotel ed as a bona fide part of such hotel or restaurant public dancehall shall allow any disorderly conduct to occur W 9A.84.030, as now enacted or hereafter amended. Chaptcr 5.90 Section 5.04.360 FIRE EXTINGUISHER SERVICE DUSINESS LICENSE Sections: 5.90.0l05.04.360A. 5.90.0205.04.360B. 5.90.030 5.04.360C. 5.90.040 5.04.360D. 5.90.050 5.04.360E. 5.90.0GO Definitions. License - Required. License -" Application Requirements. Licensees - Performance of Duties. Insurance - Required. License Non-Tlansfelable. . 5.90.0l05.04.360A. Defiriitions. The following definitions shall apply to the provisions of this Chapter Section: -21- F - 35 DRAFT 5/11/07 ~ *1- "Portable fire extinguisher" means any container holding or intending to hold any extinguishing agent except motorized fire vehicles, fire hose and fixed extinguishing systems. B.2.. "Test" means to subject any portable fire extinguisher to any procedure necessary to determme its capability to operate properly. €l. "Service" means the act of charging, recharging, inspecting or hydrostatic testing of any portable fire extinguisher. :9,1. "Inspect" means a visual examination of the exterior of any portable fire extinguisher to determine its apparent condition, or weighing any compressed gas cylinder, or both. . E~. "Charge" means any chemical or substance used or intended for use in any portable fire extinguisher for the purpose of expelling an extinguishing agent, or any chemical or substance used or intended for use as an extinguishing agent, or both. F2. "Charging" means the act of placing any harge" within any-portable fire extinguisher. 5.90.0205.04.360B. D. No person other than a licensee advertising device in or about a plac sines printed matter or other form of privat to the public as being in the business 0 portable fire extinguishers i .ty. is chapter shall display any sign or other On the City, or in any advertising matter, isplay or solicitation, hold himself out pecting, testing, charging or maintaining ~ 5.90.0JO 5.04.3 In addition to a applicant for po *1- at least annu B~. an endorsement p company in the eve cation Re uirements. required of an applicant for a business license, an isher service license shall provide: loyees filed with the City Clerk, which list is to be updated fInsurance as required by this Chapter Section which shall contain at thirty (30) days' notice to the City will be given by the insurance y material change or cancellation in the insurance. 5.90.040 5.04.360D. Licensees - Performance of Duties. As a condition of the issuance of a license under this Section, the applicant agrees to the following: *1- The applicant shall conform to all Uniform Fire Code (UFC) and National Fire Protection Association (NFP A) Standards relating to the servicing, inspection, testing, charging, and maintenance of portable fire extinguishers in a professional, workmanlike manner as determined by the Chief of the Fire Department of Port Angeles or his designee. B.2.. No applicant shall make any misrepresentation to the public as to any provision of the Umform Fire Code (UFC) or National Fire Protection Association (NFP A) Standards relating to the servicing, inspection, testing, charging and maintenance of portable fire extinguishers. €l. No applicant shall conduct his licensed business or solicit business under a name ~ -22- F - 36 . DRAFT 5/11/07 other than the name or names which appear( s) on the business license issued. B,1. The applicant will adhere to the requirements of the Chief of the Port Angeles Fire Department, or his designee, relating to the method and manner of marking of components of the fire extinguishers serviced. Beginning January 1 of each year, the Chief or his designee shall assign a method and manner to be used. . 5.90.050 5.04.360E. Insurance - Required. 1\:1. No business license shall be issued for the operation of a business for servicing, inspection, testing, charging, or maintenance of portable fire extinguishers, until the applicant provides proof of public liability insurance that would provide coverage in the event ofliability of the applicant for bodily injury or death as a result of any accidents or occurrence arising out of the business operation of the applicant. The minimu coverage shall be -$300,000 for combined bodily injury and property damage. BZ. Every insurance policy required under continuing liability thereunder to the full amount th but the liability of the insurer shall not be affl insured, and that until the policy is revoked, liability on account of non-payment of pre or any other act or omission of the name insu €l. Every insurance polic ired be covered by the license applied for days written notice to the City Clerk ofthe policy earlier than its e . n da policy shall automaticall nd t substitute insurance po . be in effect at or prior t tion shall contain a provision for . standing any recovery thereon, vency or bankruptcy of the ce comp shall not be relieved from to renew license at the end ofthe year, . s section shall extend for the period to all be required to give not less than 30 d before any cancellation or termination d the cancellation or other termination of any such nate any license issued to the applicant, unless a e provisions of this section shall be provided and ancellation or termination. Chapter 5.32 Section 5.04.380 FIREWORKS . Sections: 5.32.0105.04.380A. 5.32.0205.04.380B. 5.32.0305.04.380C. 5.32.040 5.32.0505.04.380D. 5.32.0GO 5.04.380E. 5.32.0705.04.380F. 5.32.0805.04.380G. 5.32.0905.04.380H. Purpose. . Limitations on Possession, Sales or Discharge of Fireworks. Location Restriction on Use of Fireworks. Sale ofrilewolh - rermit Requiled. Permit - Application Requirements and Reqniled Infollllatioll. Permit - Number Limited. Sale of Fireworks - Requirements. Dates When Use Permitted. Temporary Stand - Location - Construction. -23- F - 37 DRAFT 5/11/07 ~ 5.32.010 5.04.380A. Purpose. It is the purpose ofthis Chapt(,rSection to regulate the possession, sale and discharge of safe and sane fireworks within the City, in accordance with the provisions ofCh. 70.77 RCW as now enacted or hereafter amended. 5.32.020 5.04.380B. Limitations on Possession, Sales or Discharge of Fireworks. It shall be unlawful for any person to possess, sell or discharge any fireworks within the City other than those permitted by this Chapt<:.rSection. Fireworks permitted by this Section are those defined as "common fireworks" by RCW 70.77.136, except that type known as "jumping Jacks" which are specifically prohibited. 5.32.0305.04.380C. Location Restriction on Use It shall be unlawful for any person to discharge an Beach, or the waterfront trail east of Lincoln Street, pr to licensed fireworks companies which are dischar ireworks. orks at the City Pier, Hollywood at this restriction shall not apply ks for public display. irements , sales of fireworks within the City limits shall be made to the City CI d at least ten days prior to the requested effective date of the permit. No pe y be submitted prior to January I st of the year for which the permit is re to all information required of an applicant for a business license, the ap r orks permit must be accompanied by: *1,. A ed by the State Fire Marshal pursuant to Chapter 70.77 RCW, authorizing th e in the retail sale of fireworks; B2.. t issued solely for the purpose of allowing the retail sale of fireworks-shal in Chapter 3.70 P AMC; €~. A ility and property damage insurance policy from an insurance company licensed t usiness in this State, in the sum of at least five hundred thousand dollars for bodily injury or death suffered by one or more persons in any accident or occurrence, and at least one hundred thousand dollars for property damage. The insurance policies must name the City as an additional insured, to indemnify the City from damage or injury caused by the operation of retail fireworks stands; B1:. A performance_bond, note or cash deposit in an amount not less than one hundred dollars, conditioned upon the prompt removal and cleanup of all debris, material, etc., from the site from which fireworks are sold, which bond or deposit shall be returned to the applicant by the City if the application for a fireworks permit is denied:~ E~. In the event the permit is issued, the bond or deposit shall be returned to the applicant only ifthe stand from which the fireworks are sold is removed and the site cleared of all debris to the satisfaction of the proper official of the City. In the event of the applicant's failure to do so, the performance bond or cash deposit shall be forfeited to the City. The performance bond or cash deposit shall also be forfeited to the City if the requirements of this -24- F.. 38 ~ ~ . DRAFT 5/11/07 subsection are not complied with by July 10th of each year. 5.32.060 5.04.380E. Permit - Number Limited. No person, fIrm or corporation shall receive more than one permit for the sale of common fIreworks within the City during anyone calendar year. A permit granted pursuant to this Chapter shall entitle the permittee to maintain two retail outlets for the sale of common fIreworks within the City. 5.32.0705.04.380F. Sale of Fireworks - Requirements. The sale of fIreworks shall only be permitted in accordance with this Cha.pter Section and the requirements of Chapter 70.77 RCW, as now enacted or hereafter amended; provided that no fIreworks shall be sold to any person under sixteen (16) years of age; and further provided that no fIreworks shall be sold after nine o'clock P.M. on the h day of July of each year, except as provided in RCW 70.77.311. 5.32.0905.04.380 The sale of fIrew fIreworks stands only, regulations: *1. T shall be located only in the CAD, CAD-R and CBD zones as set forth in 0 on fIle in the offIce of the City Clerk, as now existing or hereafter am n on the Official Zoning Map of the City. B-2. works stands need not comply with all of the provisions of the Building Code; p wever, all such temporary fIreworks stands shall be erected under the supervision of t e Chief and J?uil~ing Official of the City, or their duly authorized representatives, who s all require all temporary fireworks stands to be constructed in a safe manner. In the event any temporary fireworks stand is wired for electricity, such wiring shall conform to the State Electrical Code and the Electrical Code ofthe City, and shall be limited to the provisions of adequate lighting only. No part of a temporary fireworks stand shall be less than twenty feet from an adjoining building. works within the City except 5.32.0805.04.3800. Dates When Use Pe No person, firm or corporation shall use from 9:00 A.M. to 11:00 P.M. on the Fou prohibition shall not apply to duly authoriz pursuant to the laws of the Stat , . d - Location - Construction. in this Chapter Section shall be from temporary ted and operated in accordance with the following Chapter 5.3G Section 5.04.400 FOR-HIRE VEHICLES . Sections: 5.JG.OIO 5.04.400A. Definitions. -25- F - 39 5.36.030 5.3G.040 5.04.400B. 5.3G.050 5.04.400C. 5.3G.OGO 5.04.400D. 5.3G.070 5.3G.080 5.04.400E. 5.3G.090 5.04.400F 5.36.095 5.04.400G. 5.3G.100 5.04.400H. 5.3G.110 5.04.4001. 5.3G.120 5.04.400J. 5.3G.125 5.04.400K. 5.3G.130 5.04.400L. 5.3G.140 5.04.400M. 5.36.1505.04.400N. 5.3G.1GO 5.04.4000. 5.3G.170 5.04.400P. 5.3G.180 5.04.4000. 5.3G.190 5.04.400R. 5.3G.200 5.04.400S. 5.3G.210 5.04.400T. DRAFT 5/11/07 ~ License - Required. License - Application =-Requirementsd Il1follnation. License - Application - Inspection of Vehicles. Equipment. License - Issuance. Operation Regulations. Driver's License - Qualifications. Initial Driver's License - Required by: Driver's License - Application Requirements- Information Rcq uil ed. Driver's License - Application - Police Endorsement. Driver's License - Fee. Driver's License - Term - R Driver's License - Exhibit' Driver's License - Tern Driver's License - N Fare - Filing - Po Fare - Overch Fare - Refus Fare - Schedule Insur equ' Licens ~ 5.3G.010 5.04.400 The following to the provisions of this Chapter Section: 1\:1 "For-hir ymotorvehicle, including those equipped or marked with taxi si s for transportation of passengers for compensation and not operated ov oute, except: limousine charter carriers regulated under Ch. 81.90 RCW, of passengers and excursion service carriers regulated under Ch. 81.70 R , non-profit corporation providing transportation services for compensation so ly or handicapped persons as regulated under Ch. 81.66 RCW. B2. "TaXI eans a chauffeur-driven vehicle available on call to carry a passenger between any two or more points for a fare determined by a taxi meter, zone system or flat rate. 5.3G.030 LicCl1se - Required. No taxicab or fot-rure vehicle as defined in this Chapter, or any motor vehicle cl{uippcd or marked with taxi signs or rooflights, ,,11<111 be operated upon the streets of the City without first obtaining a businesslie{,nse fm the purpose of transporting passGngers fm hire. 5.3G.040 5.04.400B. License - Application :-Requirementsd Information. In addition to all other information required of an applicant for a business license, an applicant for a for-hire vehicle license shall provide the following information: 1\:1. Location of the taxicab zone applied for, together with any other location from which thetaxicabs or for-hire vehicles are operated. B~. Full information concerning the ownership, the number and classification of ~ -26- F - 40 . DRAFT 5/11/07 vehicles to be operated, and the name, fictitious or otherwise, under which the applicant intends to operate; €J. The distinguishing color scheme, dress or design, including any monogram or insignia intended to be used upon the vehicle; B,1. The rates proposed to be charged. 5.JG.050 5.04.400C. License - Application - Inspection of Vehicles. All vehicles to be used as for-hire vehicles or taxicabs by an applicant for a business license shall be inspected by the Chief of Police before issuance ofthe endorsement to determine whether such vehicles are clean, properly equipped, mechanically fit, and in safe condition for the transportation of passengers. 5.JG.OGO 5.04.400D. Equipment. Every vehicle licensed under this Chapter Se be equipped with an approved fire extinguisher and first aid kit; all vehicles operated hall have an illuminated taxi sign or roof light of approved design, which roof lig (? I inated at all times while the taxicab is in operation as such. Vehicles licens \:,finder this Section, but not operated as taxicabs, shall have distinguishing signs rov by the f of Police. . 5.J6.070 . lations. b or for-hire business shall be governed by the following regulations of statute or ordinance: o one may be operated without the written permission of the . . . mmg premIses. all permit more than three taxicabs to stand or wait at the same time in a taxi stand or zon ermit taxicab or for-hire vehicles to cruise the streets for passengers. €J. Every person engaged ill the business of transporting passengers for hire under the proviSIons of this Chapter Section shall file all information requested by any authorized peace officer in regard to the address of the house or place to or from which he has driven or caused to be driven any passenger, as well as descriptions, names and addresses of such passengers, if known to him. ' B,1. No person shall operate a for-hire vehicle or taxicab without first having obtained a driver's license to do so. E}. No person shall operate or be in actual physical control ofa for-hire vehicle or taxicab while under the influence of intoxicating liquor or drugs. Violation of this provision shall constitute grounds for summary revocation of the driver's license issued under this Chapter Section. rQ. Every person engaged in the business of operating taxicabs in the City of Port Angeles shall maintain a business address and a mailing address where the owner can accept -27- F - 41 DRAFT 5/11/07 ~ mail and a business telephone in working order that shall be answered during normal business hours, Monday through Friday, and during all hours of operation and shall at all times have at least two taxicabs which are licensed pursuant to this Chapt~ISection and are capable of providing service in the City of Port Angeles. 61. Every person engaged in the taxicab or for-hire vehicle business in the City of Port Angeles shall maintain records of the number, location, and length oftrips made each day and shall retain and preserve such information for at least two years and shall make such reports available to the City Clerk or chief of Police upon request. H~. Drivers oftaxicab and for-hire vehicles employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to the passengers' destination. 5.JG.090 5.04.400F. Driver's License - ualificati No person shall be permitted to obtain a driver's l' for the driving oftaxicabs or for- hire vehicles unless the following minimum require met: *l Possession of a valid Washington B~. Having been a licensed driver years prior to the date of application for a license; €~. The ability to speak, read an nglish language; B~. Not being addicted to the use . cating liquor or drugs within two years preceding the date of the application lice E~. Not having been con . or of operating a motor vehicle while under the-influence of intoxicating liq r of being in actual physical control of a _ motor vehicle while under t nc toxicating liquor or drugs, or of reckless driving, .. within five years precedi of plication for a license. F~. Not hav' /three or more moving violations during a one-year period during the five date of the application for a license. Driver's License - Re uired B : *1. c those holding a current taxicab or for-hire vehicle driver's license issued ort Angeles, are required to obtain an initial driver's license. B~. 0 cease, for reasons other than illness or injury, to be actively employed as a taxica or-hire vehicle driver for a period in excess of90 days are required to obtain an initial driver s license. 5.JG.I00 5.04.400H. Driver's License - Application Requirements - InfoImation Req air e.d. In addition to all other informat~on required by the City Clerk, the following information shall be required: The full name, address, residence, age, height, weight, color of eyes and hair, place of birth, length of time he or she has resided in the State, whether a citizen of the United States, whether previously licensed as a driver or chauffeur, and if so, when and where, whether such license has ever been revoked and for what cause. Such application shall be signed and sworn to by the applicant, and filed with the Chief of Police as a permanent record. Every applicant for a driver's license must submit to fingerprinting, photographing, and a criminal and driver's records check by the Police Department. ~ -28- F - 42 . DRAFT 5/11/07 5.JG.II0 5.04.4001. Driver's License - Application - Police Endorsement. The Chief of Police or his designee shall make a recommendation to the Clerk, within five working days of the filing of a complete application, to issue or not to issue a license permitting the person to drive a for-hire or taxicab vehicle. In arriving at his recommendation, the Chief of Police or his designee is auth<?rized to conduct an appropriate investigation to assist in the determination of whether or not the qualifications for the driving of taxicabs or for-hire vehicles are met and the issuance of the license would be consistent with the public health, safety and welfare. 5.JG.120 5.04.400J. Initial Driver's License - Fee. The fee for obtaining the initial for-hire driver's license shall be as set forth in Chapter 3.70 P AMC. The fee is not subject to proration. 5.JG.140 5.04.4 The Clerk or for-hire driver' Chapter Sectio and in no ev a1 - Fee. all be for a period of three-years be subject to renewal for three- 5.JG.1255.04.400K. Driver's License - Term- 1. Taxicab and for-hire vehicle driver's li beginning January 1, 1994 through December 31, 1 year periods thereafter. 2. The fee forrenewal offor-hire in Chapter 3.70 P AMC. The fee for license . 5.JG.1JO 5.04.400L. Driver' Each licensed driver shall w garment and upon the request of any photograph for inspection. e - Tem ora . tion ofthe Chief of Police, issue a temporary taxicab the completion of the investigation required pursuant to this '1 the application is finally acted upon by the Chief of Police, ong r than ninety days. Driver's License - Nontransferable. for operating a for-hire vehicle shall be transferable. 5.JG.1GO 5.04.4000. Fare - Filing - Posting Required. Every person conducting or carrying on the business of transporting passengers for hire . licensed pursuant to this Chapter Section shall file a current fare schedule with the City Clerk and Chief of Police as required by this Chap!er and shall post in a conspicuous place in every vehicle, the schedule of fares. 5.JG.170 5.04.400P. Fare - Overcharge. Any driver of a taxicab or for-hire vehicle who charges any passenger a fare higher than that provided in the schedule of fares filed with the City shall, in addition to any other penalty imposed by law, have his license to drive a for-hire vehicle or taxicab revoked. . 5.36.1805.04.400Q. Fare - Refusal to Pay. -29- F - 43 DRAFT 5/11/07 ~ It is unlawful for any person to refuse to pay the regular fare for a taxicab or for-hire vehicle, after having hired the same. 5.3G.190 5.04.400R. Fare - Schedule Change. In the event the operator of a taxicab or for-hire car desires to change the rates, he shall file an amended schedule with the Chief of Police and the City Clerk at least five (5) days prior to such change. 5.3G.200 5.04.400S. Insurance Requirement. No business license or driver's license shall be issued under the provisions of this Chapter Section unless the operator of the taxicab or for-hire vehicle business files with the City Clerk a certificate of insurance naming the City as an additional insured in an amount of not less than coverage limits required by the State of Washington for fo): .re vehicles. of licenses set forth in Chapter . ng that: 5.36.2105.04.400T. License Denial or Revo In addition to grounds supporting denial 0 5.04 P AMC, a license may also be denied or re . . , 1icant or licensee has become disqualified w to hold a driver's license for the driving applicant or licensee fails to report the _ oy to the City Clerk and Chief of Police. . Section 5.04.420 HORSE TAXIS Sections: 5.37.010 5.37.0205. 5.37.0305.40A20C. 5.37.035 5.37.040 5.37.050 5.37.0GO 5.40.420D. 5.37.0705.40.420E. 5.37.0805.40.420F. 5.37.0905.40.4200. 5.37.1005.40.420H. 5.37.1105.40.4201. 5.37.1205.40.420J. 5.37.1255.40.420K. 5.37.1305.40.420L. Definitions Activitie~ Requiring License Vehicle License! Application LicGllse Issuance for Operatiolls ofDusine.ss Da6ines5 License Expiration Dusincss License TransIT,r Rates & ~harges Required Records Business Operation Regulations Police Chief Requirements DrIver's License! Application Driver's License Expiration Driver's License Transfer License and Other Related Fees Issuance ~ -30- F - 44 . DRAFT 5/11/07 5.37.1405.40.420M. Display 5.37.1505.40.420N. Driver's Regulations 5.37.010 5.40.420A. Definitions. 1\:1. A "horse taxi" is a non-motorized vehicle drawn by a horse, pony, mule, donkey or the like, such as a horse carriage, used for the transportation of passengers and incidental baggage for compensation upon the streets of the City of Port Angeles, available for use by the general public. B2:. An "animal" in this Chapter Section refers to horses, ponies, mules, donkeys or the like, used to draw a horse taxi. 5.37.0205.40.420B. Activities Requiring License. No person may own, operate, use or drive a horse this Chapter Section, and no person may drive a horse t this Chapter. . 5.37.0305.40.420C. Vehicle Licens In addition to all other information applicant for a horse taxi license must submit: 1\:1- Proof of ownership oe's . B~. The name and addres €J. The make, model, year ofthe veillcle; B,1. Acertifica in an amount of not less vehicles. Proof of said . insurance provid' written notice insurance lia required by sta E~. 5.J7.0GO 5.40.420D. Fg. A plan or the proper disposal of manure and other debris related to the horse taxi operation. less the vehicle is licensed under ut a driver's license issued under in the vehicle; e vehicle; , color and identifying insignia or number insurance, naming the City as an additional insured . ts required by the State of Washington for for-hire ire the filing with the City Clerk of a certificate of coverage. Such policy shall provide a minimum 30 days' cellation of the policy or change in the liability limits. The 11 be subject to automatic increase if the minimum coverage sed for state for-hire vehicles permits; and, or schedules of rates and charges in the form required by Section 5.37.035 License Issuance for Operation of Dusiness. No busin~sslkGnsc to opcrate a horse taxi shall be issued except b)i the City Clerk, or her dGsignee, aft~rr C v ic w of the license application and inspection reports of the Chief ofP olice, or his dcsignce,. The City Clerk n1O;)i, in her discretion, approve or defry the applkation. Any applicant denied a lkel1se b)i the City Clerk shall have the right to appeal as outlined in Sce,tion 5.04.0GO of the Port Angelcs MuniGipal Code. 5.37.040 Dusiness Lie,GnsG Expiration. A horse taxi busin:Gsslie,cnsc cxpircs on June 30th of each year. . -31- F - 45 DRAFT 5/11/07 ~ 5.37.050 Business License TUlllSfcl. A hOIse taxi busincsslicense is Hot uallsfelable to anothGl pCls0n 01 vehicle. 5.J7.0GO 5.40.420D. Rates & Charges. *1- The City does not regulate the rates and charges of horse taxis except to require that they be uniform for all vehicles of the same company, that certain measures be taken before rates are changed, that they not illegally discriminate against any person or class. of person, and that the rate schedule include certain items. B2.. Before putting into effect any changed rates, a licensee must file a new schedules with the City Clerk or hislher designee at least fifteen days in advance of such change. €1. If applicable, a licensee must include in the required rate schedule charges for: - t~. Waiting time, on an hourly basis; zg. Initial drop on all trips, including th rst tenth of a mile. :r~. Distance based on uniform incre of one-tenth ofa mile; 44. Each additional passenger; an ~. Additional baggage. B,1. Any separate rates for service ch ee must clearly specify when and under what conditions the respective rat E1. A licensee may by written c different than the specified rate. Fg. The fare schedule sh onspicuous place in every vehicle. 5.37.0705.40.420E. Every holder of a h compliance with the requ' or her designee at the 0 taxi, the records may b available for ins records at leas ust keep the license and all documents showing e available for inspection by the City Clerk or his the license. If the holder operates only one horse s person or with the taxi, in which case they shall be . ce officer ofthe City. Every licensee must keep the required ~ No vehicle be operated by a driver under the influence of intoxicating liquor or drugs; €1. Neither the licensee nor any employee engage in any unfair method of competition or deceptive practice; and" B-1. The animal or animals shall be treated in a safe and humane manner in accordance with all state or local laws and receive prompt veterinary care for any illness or injury. 5.37.0905.40.4200. Police Chief Requirements. *1. Because of the relative lack of speed and maneuverability of horse taxis, the Chief of Police may impose special requirements on the vehicle license, including prohibiting travel on certain arterials in a congested district or narrow streets and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the Chief may prohibit ~ -32- F - 46 . DRAFT S/11/07 operation during hours of darkness or during times of low visibility. Each vehicle shall be equipped with signs and lights as required by state law. B2.. Although a horse taxi is subject to all traffic laws applicable to vehicles when operating-on the public ways, the Chief may approve a specific route set forth in the application including places not normally accessible to motor vehicles. €~. Subject to the approval of the Police Chief, each owner/operator shall designate and make provision for an off-street area to stand, park or discharge and load passengers. If the owner/operator of a horse taxi has not made provision for an off-street area to stand, park or discharge and load passengers, the Chief of Police may designate an area or areas along City streets for such purpose after consultation with the City's traffic engineer. When areas have been so designated, horse taxis shall not stand or park in any other area not designated for such use. . e years; yment; horse taxi driver and if so, motor vehicle operator for at least two years. 5~. of the ability t 6[. that he/she is no to the use of intoxicating li rug B~. Proof: t~. zg. or of a felony re under the infl e English language; or the two years preceding been addicted ent, valid Washington State driver's license; and, een convicted of an offense involving moral turpitude, or ability to operate a horse taxi within ten years, or driving r drugs or reckless driving within one year. river's License Ex iration. censes expire June 30 of each year. 5.37.1205.40. 20J. Driver's License Transfer. A horse taxi driver's license is not transferable to another person or vehicle. 5.37.1255.40.420K. License and Other Related Fees. The fee for a vehicle license issued under PAMC 5.37.030 5.40.420Cand for a driver's license issued under P AMC 5.37.1005.40.420H shall be as set forth in Chapter3.70P AMC. The fee is not subject to proration. 5.37.1305.40.420L. Issuance. The City Clerk, upon the recommendation of the Chief of Police, is authorized to issue a driver's license for a horse taxi. . 5.37.1405.40.420M. Display. -33- F -47 DRAFT 5/11/07 ~ Every driver must display his/her license in a conspicuous place inside the horse taxi clearly visible from the passenger compartment at all times when he or she is operating or in charge of the vehicle. 5.37.1505.40.420N. Driver's Regulations. It is a violation and grounds for suspension or revocation of a horse taxi driver's license for any horse-drawn taxi driver to: *1. Commit three or more moving violations while driving a horse taxi during any twelve-month period; B2. Be guilty of a felony involving moral turpitude; €l. Be guilty of reckless driving or driving offenses while drive a horse-drawn taxi involving the use of alcohol or drugs; 17,1;. Fail to deliver to the Police Department with. 4 hours any property of value left in any vehicle; E~. Allow a person to enter or alight from . Ie while it is in motion or pick up or discharge a passenger at any place other than th ement edge; FQ. Allow a passenger to consume i cating liq retain an open container of liquor or to consume or use controlled subst who in the he-drawn taxi; 62. Pick up any additional pass out the express consent of the original passenger; H~. Refuse ton pick up a person of proper deportment when the vehicle is available, or discriminate a ecause of race, religion, national origin, sex, marital status, age or mental or se p; .- f2. By reason of or i to cause or allow any animal under his/her care to . endure pain, suffering or i fail glect to aid or attempt alleviation of pain, suffering or injury he/she has so under hislher care; f 10. Leave er care unattended, whether tethered or untethered, within any area 0 *:11. leet and properly dispose of manure or other debris related to the horse Chapter, 5.40 Section 5.04.440 HOTELS AND MOTELS Sections: 5.40.010 5.40.0205.04.440A. 5.40.0305.04.440B. 5.40.040 5.04.440C. 5.40.050 5.04.440D. Lic.Gnse- - Require-d. License ~ Application Requirements - Information R.:;quired. Registration of Guests Required. Rooms - Numbering. Registration - False Entries. 5.40.010 License - Required. No pC1son shall opCLCtte, 01 cause to be ope-rated, ahotd, motel, 01 public. LOoming housc ~ -34- F - 48 . DRAFT 5/11/07 in the City without fin;t reed ving, from the Cit, Clerk a btIsin{,sslicensc fOl stIch pmpose. 5.40.0205.04.440A. License - Application Requirements - Informatibn Required. In addition to all other information required of an applicant for a business license, an applicant for a hotel-motel license shall provide the following information: trl. Location of the property and building for which the license is issued; BZ. Class of cOl:istruction of the building; eJ:, Number of rooms; Bl Number and kind of service rooms. 5.40.0305.04.440B. Registration of Guests Required. Every person conducting a hotel or motel in the City shall keep a register in which all guests shall be required to register their names and address Every person keeping a hotel or motel shall indicate on the register the date of each registr the number ofthe room assigned to the guest, and the number of any room to which th ay be transferred; provided, that if two or more rooms are rented or leased to a tour. 0 r organization, only the person in charge of room assignments for the group or /i:ganization be identified as required by this Section. Such register shall be open to i tio t all reas hIe times by an authorized peace officer. All such registration books s erved for a period of at least two years. . 5.40.0405.04.440C. Rooms All sleeping rooms in the hote room, with a different number being a plainly numbered on the outside of the room. 5.40.0505.04.44 It is unlawful fI any other than the true Sections: 5.44.0105.04.460A. 5.44.0205.04.460B. 5.44.0305.04.460C. 5.44.040 5.04.460D. 5.44.0505.04.460E. 5.44.0GO 5.04.460F. 5.44.070 5.04.460G. 5.44.080 5.04.460H. 5.44.0905.04.4601. 5.44.1005.04.460J. . alse Entries. to be written in the register of any hotel or motel registering. Section 5.04.460 SECONDHAND DEALERS PAWNBROKERS and METAL PURCHASERS Definitions. License - Required. Fixed Place of Business Required. Duty to :Record Information. Report to be Furnished to Police. Duties upon Notification that Property is Reported Stolen. Retention bfProperty by Pawn Brokers - Inspection. Retention of Property by Second-Hand Dealers - Inspection. Rates ofInterest and Other Fees - Sale of Pledged Property. Pawn Brokers - Sale of Pledged Property Limited - Written Document Required for Transactions. -35- F - 49 DRAFT 5/11/07 ~ 5.44.1105.04.460K. Attorney Fees and Costs in Action to Recover Possession. 5.44.1205.04.460L. Certain Conditional Sales Prohibited. 5.44.1305.04.460M. Transaction with Minors - Prohibited. 5.44.1405.04.460N. Prohibited Acts - Penalty. 5.44.1505.04.4600. Chief of Police - Rule Making Authority. 5.44.1605.04.460P. Exemptions. 5.44.0105.04.460A. Definitions. Unless the context clearly requires otherwise, the definitions in this SectionParagraph apply throughout this Chapter Section. :*1. "Melted metals" means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or . ots which are produced from ore that has not previously been processed. BZ. "Metal junk" means any metal that has sly been milled, shaped, stamped, or forged-and that is no longer useful in its origina t precious metals. €J. "Non-metal junk" means any no discarded item that is worn out, or has outlasted its usefulness as intende 'ts 0 . inal fo xcept non-metal junk does not include an item made in a former perio enhanced value because of its age. Bi. "Pawnbroker" means every per ged, in whole or in part, in the business ofloaning money on the security of p s, de r conditional sales of personal property. E1. "Precious metals" med platinum. F,Q. "Second-hand dealer" .erson engaged in whole or in part in the _ business of purchasing, selli g, ent selling, or otherwise transferring for value, ., second-hand property, in ted Is and precious metals, whether or not the person maintains a fixed place e City. ez. "Secon eans any item of personal property offered for sale which is not ne Is in any form, except postage stamps, baseball and other trading cards, nder, bullion in the form of fabricated hallmarked bars, used books, used thing of a resale value of seventy-five dollars ($75) or less, except furs. Hl means a pledge, purchase, or consignment by a pawnbroker or a second-hand dealer a member of the general public. 5.44.0205.04.460B. License - Required. 1. No person may operate a5 a pawnbroker or sc.eond-hand dealer in the Cit, ofrort Angele5 without fir5t having seemed .Gom the City Ckrk a bu~irles~ license f01 5uch pmpose. 2. No person other than the licensee under this Chapter shall display any sign or other device in or about the premisc's o'fbusinc'55 or in any adverti5ing rhatter 01 other printed mattel wruehin any wcry resemble5 the cmblem 01 5ign eommonl, used by pawnbroker5, nor 5hall the word "pawnbroker" be u5ed in 01 about the premi5e5 ofbu5ines5 or ~l any advertising matter, nOl 5hall any person hold rum5df out to th(, public to be a pawnbroker, either through ad v ertislng, soliciting, sign5, or other w i50. engage in the business of pawnbroker. second-hand dealer. or purchaser of melted or iunk metals within the City. 5.44.0305.04.460C. Fixed Place of Business Required. ~ -36- F - 50 . DRAFT 5111/07 No person may operate as a pawnbroker in the City of Port Angeles unless such business is conducted from a fixed place of business within the City. . 5.44.0405.04.460D. Duty to Record Information. *1. Every pawnbroker and second-hand dealer doing business in the City of Port Angeles Shall maintain, wherever that business is conducted, a record in which shall be legibly written in the English langUage, at the time of each transaction, the following information: t~. The date of the transaction; z.~. The name and signature of the person or employee conducting the transaction; :rc. The name and signature of the person with whom the transaction is made; 4~. The date of birth, sex, height, weight, race, and address of the person with whom the transaction is made; 5f. A complete description of the pr including the brand name, serial number, model numb color, and in the case of firearms, the caliber, barr pistol, rifle, or shotgun; 6~. The price paid if pur period, interest charged, and fee assessed; -111. The type and identifyin whom the transaction is made, which onsi issued by any state, or two pieces 0 which shall be descriptive of the perso ~i. The n f the name and address of the ndu B~. This r reasonable times if or commissioned la be maintained transaction. €l. number shall be from an ascending numerical series, the sequence of which shall no ted from which each individual transaction may be accounted. B.1. For t ose of this Section, record entries, excluding signatures, shall be deemed to be legibly written if made by typewriter or computer printer. E~. No entry in said record shall be erased or in any manner obliterated or defaced. FQ. The fonn for this record keeping requirement shall be approved by the Chief of Police mid provided at the licensee's expense. 61. It shall be the responsibility of the pawnbroker or second-hand dealer to obtain and keep Tn adequate supply those fOmls required for reporting and record keeping. pledged, bought, or consigned, s, engravings, size, patterns, and e of action, and whether it is a . e amount loaned, the loan rofidentification used by the person with alid driver's license or identification card ed by a governmental agency, one of nd saction, a number identifying the transaction, the the transaction, and the location of the property. s during the ordinary hours of business, or at ness are not kept, be open to the inspection of any fficer of the State or any of its political subdivisions, and shall ss is conducted for three (3) years following the date ofthe . 5.44.0505.04.460E. Report to be Furnished to Law Enforcement. *1 Every pawnbroker and second-hand dealer doing business in the City of Port Angeles shall deliver within twenty-four hours to the Chief of Police of the City, on such forms as approved by the Chief of Police, and provided at the licensee's expense, a duplicate original of the record required in Section 5.44.040 5.04.460D. B~. The Chief of Police may, at his discretion, accept a report in form other than a -37- F - 51 DRAFT 5/11/07 ~ duplicate original. €~,. If a pawnbroker or second-hand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or second-hand dealer shall promptly report that fact to the Chief of Police, together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. 5.44.0GO 5.04.460F: Duties Upon Notification that Property is Reported Stolen. :A1,. Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker or second-hand dealer shall hold that property intact and safe from alteration, damage, or commingling. The pawnbroker or second-hand dealer shall place an identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty (120) days from the date of police notification unless released by written consent of the applicable law e rcement agency or-by order of a court of competent jurisdiction. The pawnbroker or seco d dealer shall give ten (10) days written notice before the expiration of the one hu enty-day holding period to the applicable law enforcement agency about the stolen f notice is not given within the required ten-day period, then the hold on the erty shal tinue for an additional one hundred twenty (120) days. The applicable enfo ement a cy may renew the holding period for additional one hundred twenty-d s necessary. B~. Whenever a law enforcement a prosecuting authority shall require such property for use as evidence upon ex tion or or to restore said property to the owner, the pawnbroker or second hand deal n and, deliver said property over to the applicable agency or authority and tak for, after which such agency or authority _ shall be answerable for sam . €l. Stolen pro pawnbroker or second-hand dealer, whether by unredeemed pledge or nt, whether the transaction was made in good faith or not, shall not divest hts to such property and it shall be restored to him. Prop place ofbusine of the property. inspection to any c subdivisions. tion of Pro ert b Pawnbrokers - Ins ection. elve in pledge by any pawnbroker shall not be removed from that n redeemed by the owner, within fifteen (15) days after the receipt all at all times during the ordinary hours of business be open to ssioned law enforcement officer of the State or any of its political 5.44.0805.04.460H. Retention of Property by Second-Hand Dealers - Inspection. :AI. Property bought or received on consignment by a second-hand dealer with a permanent place of business in the City. of Port Angeles shall not be removed from that place of business, except consigned property returned to the owner, within fifteen (15) 'days after the receipt ofthe property. Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the State or any of its political subdivisions. B-2. Property bought or received on consignment by a second-hand dealer without a permanent place of business in the City of Port Angeles shall be held within said City, except consigned property returned to the owner,for fifteen (15) days afterreceipt ofthe property. The property shall be available for inspection at reasonable times by any commissioned law ~ -38- F - 52 . DRAFT 5/11/07 enforcement officer of the State or any of its political subdivisions. 5.44.090 5.04.4601. Rates ofInterest and Other Fees. All pawnbrokers are authorized to charge and receive interest and other fees at the following rates for money loaned on the security of personal property actually received in pledge: *1- The interest shall not exceed: t~. For an amount loane~ up to $19.99 - interest at $1.00 per month; z~. For an amount loaned from $20.00 to $39.99 - interest attherate of$1.50 per month; 3-~. For an amount loaned from $40.00 to $75.99 - interest at the rate of$2.00 4~. Foran amount loaned from $76.00 to 00.99 -interest attherate of$2.50 -per month; . 9 - the sum of $0.50; 5.00 to $9.99 - the sum of$2.00; from $10.00 to $19.99 - the sum of$3.00; from $20.00 to $29.99 - the sum of$4.00; from $30.00 to $39.99 - the sum of$5.00; u ed from $40.00 to $49.99 - the sum of$6.00; ount loaned from $50.00 to $59.99 -the sum of$7.00; unt loaned from $60.00 to $69.99 - the sum of$8.00; unt loaned from $70.00 to $79.99 - the sum of$9.00; amount loaned from $80.00 to $89.99 - the sum of$IO.OO; tt e amount loaned from $90.00 to $99.99 - the sum of$I1.00; tzl. the amount loaned from $100.00 to $124.99 - the sum of$12.00; Bro. or the amount loaned from $125.00 to $149.99 - the sum of$13.00; ~. For the amount loaned from $150.00 to $174.99 - the sum of$14.00; t5g. For the amount loaned from $175.00 to $199.99 - the sum of$15.00; ~. For the amount loaned from $200.00 to $249.99 - the sum of$16.00; tT~. For the amount loaned from $250.00 to $299.99 - the sum of$17.00; ts-r. For the amount loaned from $300.00 to $399.99 - the sum of$18.00; t9~. For the amount loaned from $400.00 to $499.99 - the sum of$19.00; zet. For the amount loaned from $500.00 or more - the sum of $20.00. €~. Fees under Subsection (B~) of this Section may be assessed one time only during the term of a pledge. B~. In no event shall any other charges be made for any reason whatsoever except as provided in the foregoing. E~. A copy of this Section, set in twelve-point type or larger, shall be posted o $125.99 -interest at the rate of per month; . 5s:. $3.00 per month;; 6{ For an amount loaned fro percent (3 %) a month. B2. The fee for the preparation 0 laws of the United States of America, the Stat other political subdivisions thereof, ot e tg. For the amoun z12. For the amount 3-~. For t nt 1 4~. Fo nt 10 5~. 6f. q. e - interest at the rate of three , pledges, or reports required under the hington, or the counties, cities, town, or -39- F - 53 DRAFT 5/11/07 ~ prominently in each premise subject to this Chapter. 5.44.100 5.04.460J. Pawnbrokers - Sale of Pledged Property Limited - Written Document Required for Transactions. *1- A pawnbroker shall not sell any property received in pledge within ninety (90) days after the term of the loan expires. However, if a pledged article is not redeemed within the ninety-day period, the pawnbroker has all rights, title, and interest ofthe pledgor or the pledgor's assIgns. B~. Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the loan period, the date on which the loan is due and payable, and shall inform the pledgor of the pledgor's right to redeem the pledge within ninety (90) days after the expiration of the loan term. 5.44.1405.04.4 It is a CI *1. serial number item ofpers B~. misstatement of Chapter; €~. Any pawnbroker or second-hand dealer to conduct any transaction with any person under the age of eighteen (18) years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or second..;hand dealer as having been convicted of burglary, robbery, theft, or possession oforreceiving stolen property within the past ten (10) years, whether the person is aC,ting in his or her own behalf or as the agent of another; or 13,1. Any person to violate knowingly any other provision of this Chapter. on to Recover Possession. e possession of a pawnbroker or Ie attorney's fees and costs. 5.44.1105.04.460K. Attorne Fees and Costs i In an action brought by an owner to recover g second-hand dealer, the prevailing party is entitle 5.44.1205.04.460L. Certain Conditi No purchase of property shall be mad greater than the purchase price so as to avoid I 5.44.1305.04.460M. Transa No pawnbroker or second-hand person under the age of eig 8) y Mi . - Prohibited. alee a transaction herein described with any ~ ove, alter, or obliterate any manufacturer's make, model, or . on number, or identifying marks engraved or etched upon an purchased, consigned, or received in pledge; knowingly make, cause, or allow to be made any false entry or matter in any book, record, or writing required to be kept under this 5.44.1505.04.4600. Chief of Police - Rulemaking Authoritv. The Chief of Police shall have the authority to promulgate such rules, not inconsistent with this Chapter, as may be necessary from time to time for its effective and orderly administration. ~ -40- F - 54 . DRAFT 5/11/07 5.44.1GO 5.04.460P. Exemptions. The provisions of this Chapter do not apply to transactions conducted by the following: :AI. Motor vehicle dealers licensed under Chapter 46.70 RCW; B~. Motor vehicle wreckers or hulk haulers licensed under Chapters 46.79 or 46.80 RCW; €.l. Persons giving an allowance for the trade-in or exchange of second-hand property on the purchase of other merchandise of the same kind of greater value; B~. Persons in the business of buying or selling empty food and beverage containers or metal or non-metal junk; E5.. Persons selling wholly donated goods; F~. Persons holding less than seven (7) garage or yard sales, or the like, in any one- year period; and 61- Persons selling used compact disks, laser di pliance. ication Requirements - Contents. . . r Surety Bond - Insurance. Assembly. rs of Operation. am County Fairgrounds Exemption. , ' , and safety ofthc rcsidents of the City, to provide for th,:, ordGrly and la\l';lful conduc-t of outdoor mm;ic; fc,stivals, by asstl1ing that plOper sanitary, health, :Gre, safety and 'pol~ce measure~ are main tained. . 5.52.0205.04.480A. Definition,s. The following definitions shall apply to the provisions of this Chapter Section: :A1,. "Applicant" means a person who is the promoter of an outdoor music festival and who applies to the City for a license to hold an outdoor music festival. B~. "Outdoor music festival" or "music festival" or "festival" means an assembly of persons gathered primarily for outdoor, live or recorded musical entertainment, where the predicted attendance is three hundred persons or more, and where the duration of the program is four hours or longer. €~. "Participate" means to knowingly provide or deliver to the festival site supplies, -41- F - 55 DRAFT 5/11/07 ~ materials, food, lumber, beverages, sound equipment, generators, or musical entertainment and/or to attend a music festival. 5.52.0JO 5.04.4808. License - Required - Compliance. No person shall knowingly allow, conduct, hold, maintain, cause to be advertised, permit, or participate in an outdoor music festival within the City without first securing from the City Clerk a business license for such purpose. Such festival shall be conducted in accordance with the requirements of this Chapter Section. One such license shall be required for each outdoor music festival, and such permit shall allow conduct of a festival for 'no more than five consecutive days. Any person failing to comply with the rules, regulations, or conditions contained in this Chapter shall be subject to the penalties prescribed by this Title. 5.52.040 5.04.480C. License - A lication Re uirements - Contents. Application for an outdoor music festivallicens I be made not less than thirty days prior to the first scheduled day of the festival, and sha panied by the proper permit fee. In addition to all other information required of an app t business license, each applicant for an outdoor music festival license shall prov'<";!the follow . formation: :AI. The name of the person or oth al ity on be f of whom said application is made; provided, that a natural person app ch permit must be eighteen years of age or older; B~. Financial statement 0 €l Nature ofthe business B~. Names and addresses interest in the festival; E1. Principal the applicant; F2. Legal d 0 be occupied, the name and address ofthe owner thereof, together with g the consent of the said owner to the conduct of an outdoor music tI . e owned by a person other than the applicant and a site plan indicating the e festival; 6,Z. ormances and program; Hl ation from the local health officer that he has reviewed and approved plans evelopment in accordance with rules, regulations and standards adopted by the State ocal boards of health; 12. Written confirmation from the Chief of Police of the City that Police have been contracted for or otherwise provided by the applicant meeting the following conditions: t~. One commissioned police officer or deputy sheriff for each two hundred persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control outside the confines ofthe actual outdoor music festival, which officers shall be present outside the festival for'a minimum oftwo hours before the beginning and two hours after the close of the festival; 2Q. One commissioned police officer or deputy sheriff for each two hundred persons reasonabiy expected to be in attendance at any time, which officer shall be within the confines of the actual outdoor music festival for the entire time it is open to the public; f1 O. Written confirmation from the Police Chief and the Fire Chief of the City that sufficient access roads are available for ingress and egress to the parking areas of the festival, and that parking areas are available on the site of the festival or immediately adjacent thereto e applicant; aving a ten percent or more proprietary ~ ~ -42- F - 56 . DRAFT S/11/07 which are capable of accommodating one auto for every four persons in estimated attendance at the outdoor music festival; *11. Written confIrmation from the Fire Chief of the City that requirements of the Uniform Fire Code have been complied with; :el2. Written statement of the applicant that all State and local law enforcement offIcers, fIre offIcials and other necessary governmental personnel shall have free access to the site of the outdoor music festival at any time during the festival; M13. Written statement that the applicant will abide by all requirements of this ChaptcrSection; N14. VerifIcation of the applicant warranting the truth of all matters set forth in the application to the best of applicant's knowledge, under the penalty of petjury. 5.52.050 5.04.480D. License - Fee. :A::1. The fee for any outdoor music festival expected attendance at such festival, and shall be as s B~. If, after the festival, the actual att attendance upon which the fee amount was bas City the amount required for a license for th ond - Insurance. the applicant shall deposit with the City red fIfty dollars. The bond or deposit late the health or to clean up the festival costs or charges incurred to regulate traffIc or eturned to the applicant when the City is satisfIed e made, or that the loss or damage claimed is less the uncommitted balance thereof shall be returned. ond or cash deposit or uncommitted portion thereof shall be fter the last day of the festival. The cash deposit or surety be waived by the City if the applicant presents evidence that quired by, and made to, the owner of the premises upon which the . *1. After approval of a li a cash deposit or surety bond, in an shall be used to pay costs or charges . grounds after the festival, 0 trao parking. The bond or oth shal that no further claims Ii than the amount on dep I returned not 1 bond require< a cleaning dep festival is to be c B2.. After oval of a license application, the applicant shall furnish evidence that he has in-full force an effect a liability insurance policy in the amount of not less than one hundred thousand dollars bodily injury coverage per person and one hundred thousand dollars property damage, covering any bodily injury or property damage negligently caused by any offIcer or employee of the festival while acting in the performance of his or her duties. The policy shall name the City as an additi\mal named insured. 5.52.0705.04.480F. Dispersal of Assembly. After the conclusion of the festival, no person, other than the applicant, his employees or agents, performers, and authorized law enforcement personnel, shall be permitted to remain at the location of the festival for more than two hours after the conclusion of the festival. . 5.52.0805.04.480G. Hours of Operation. No outdoor music festival shall be conducted between the hours of eleven p.m. and seven -43- F - 57 DRAFT 5/11/07 ~ a.m. 5.52.090 5.04.480H. Clallam County Fairgrounds Exemption. The Cla11am County Fairgrounds are hereby acknowledged to have amenities that satisfy many ofthe requirements for large outdoor gatherings. Therefore, outdoor music festivals held at the Clallam county Fairgrounds shall be exempt from the licensing requirements of Subsections 5.52.040 5.04.480C F.Q, f9, fIO & *11, provided that estimated attendance is less than 5,000, and provided further that the applicant shall furnish the following: :AI. A signed contract with Clallam County oi- the Clallam County Fair Board for use of the appropriate Fairgrounds facilities; B~. Written confirmation from the City Police Chief and City Fire Chief that they are satisfied with safety and security plans for the festival. 5.5G.OlO 5.04.5 The fo11o hall apply to the provisions of this Chapter Section: :A1. y person selling or offering for sale, any goods, wares or merchandis rsonal property of whatever nature or description, including processed foo , papers, by peddling the same from house to house or upon any street, highway or e, who shall make public outcry or give any musical or other public entertainment or m y public speech to draw customers. B2.. "Peddler" means any person who carries goods, wares or merchandise, articles, things or personal property of whatever nature or description, including the sale of processed food, or any person who sells services, from house to house, place to place or upon any street, highway or public place within the City, for sale, while soliciting the same for sale, is defined to be a peddler in the meaning ofthis ChapteI Section; provided, however, that any farmer selling food, farm or dairy products shall be exempt from the terms of this Chapter Section pursuant to RCW 36.71.090; and provided further that charitable solicitations as defined in P AMC 5.1G.0105.04.560A shall be exempt from the terms of this Chapte:rSection. PEDDLERS Sections: 5.5G.010 5.04.500A. 5.5G.020 5.04.500B. 5.56.0JO 5.04.500C. 5.56.040 5.5G.050 5.04.500D. ~ 5.5G.020 5.04.500B. Hawking Prohibited. Hawking is unlawful, except that such activities shall be permitted in conjunction with the retail sale of foodstuffs at any sporting or clher major civic event. ~ -44- F - 58 . DRAFT 5/11/07 5.56.030 5.04.500C. Peddling - Area Restrictions. Peddling at private residences in the City for the purpose of soliciting orders for the sale of goods or services, where such private residence has been posted with signs indicating that peddling, soliciting or trespassing is not allowed, is unlawful. D. Peddling. - Llcens~ Requlled. No person shall pGdd1e, as permitted, in the, City without first obtaining from the Cn, Clerk a bUi:>~1l('56 license fOl such Pw.p05{'. . 5.56.0505.04.500D. Peddling - Regulations. :AI. Any person selling edible foodstuffs by means of peddling shall be subject to the following regulations: t~. Radio or other sound devices may b public; provided~that the maximum amount of noise fro be as provided by Chapter 173-60 WAC, as now regulations are adopted by this reference. 212. A receptacle of adequate where the unit is-located for the deposit of re 3-,Q. Any person operatin shall be required to move the unit every thirty 4~. Any mobile u . lish does not comply with the provisions the rules and regulations governing re B2,. Any person 00 subject to the following r t~. remain more than ten . ded on or about the premises a place of bu . property has sed to attract the attention of the radio or other sound device shall g or hereafter amended, which the purpose of peddling foodstuffs which ,1 be deemed a restaurant, and subject to er than foodstuffs by means of peddling shall be oods for sale by peddling shall not be allowed to ace. vehicle shall be immediately moved from the front or rear of here the owner or occupant of such place of business or icl be moved. Chapter, 5.1G Section 5.04.520 CHARITABLE SOLICITATIONS Sections: 5.16.0105.04.520A. Definitions. 5.16.0205.04.520B. Permit Required. 5.16.0305.04.520C. Compliance With State Law. 5.16.0405.04.520D. Permit, Application Contents. 5.16.0505.04.520E. Permit, Application Affidavit. 5.16.0605.04.520F. Permit Carried by Solicitor. 5.04.520G. Regulations. . -45- F - 59 DRAFT 5/11/07 ~ 5.1G.01O 5.04.520A. Definitions. The following definitions shall apply to the provisions of this Chapte:rSection: :AI. "Charitable organization" means: - tg. Any benevolent, eleemosynary, educational, social, recreational, or fraternal organization, or any other person having or purporting to have a charitable nature; and zg. Which solicits or solicits and collects contributions for any charitable purpose. Bl. "Charitable" means any oral or written request for a contribution, including the solicitor's offer or attempt to sell any property, rights, services, or other thing in connection with which: t~. Any appeal is made for any charitable purpose; or zg. The name of any charitable organization is used as an inducement for consummating the sale; or :3-f. Any statement is made which i proceeds ofthe sale will be applied toward any charit organization. The solicitation shall be deemed making it receives any contribution or make that the whole or any part of the ose or donated to any charitable de, whether or notthe person in the City without first having obtained ssessed. This permit requirement shall n-to-person contact within the City, nor to ~ 5.1G.OJO 5.04.5 No person sh organization is r '. th State Law. it to solicit for charitable purposes, unless said t to Ch. 19.09 RCW, as now enacted or hereafter amended. Pe it A 1ication Contents. In add! r information required of an applicant for a business license, an applicant for a ch icitation permit shall provide the following: :A1- Nam address of all persons expected to take part in the solicitation; Bl. Name and address of charitable organization for which contributions are solicited. 3. Corporate name and principal place of business of the charitable organization. 5.1 G.050 5.04.520E. Permit Application Affidavit. Any person applying fOf a permitto solicit, pursuantto the terms of this Chaptc.l Section, shall sign an affidavit attesting that: . :AI. All information contained in the application is true and correct; B~. The applicant is authorized to solicit on behalf ofthe charitable organization listed in the application. 5.1G.OGO 5.04.520F. Permit Carried by Solicitor. Any person soliciting fOf charitable purposes in the City shall carry a valid permit or reasonable facsimile thereof on his person while soliciting. Each solicitor shall produce the ~ -46- F - 60 . DRAFT 5/11/07 permit upon demand of any person who is being solicited, or upon the demand of any authorized City official. 5.04.520G. Regulations. The following regulations shall apply to all persons soliciting for charitable purposes in the City: 1. No more than two members of any charitable organization may approach any individual or group of persons for the purpose of soliciting contributions or expressing their beliefs at anyone time. . 2. Soliciting in a residential neighborhood shall be limited to the hours often a.m. to seven p.m. 3. No person shall solicit within ten feet of the entrance or'exit. ingress or egress of an retail establishment ublic buildin the owner or other authorized person. . Sections: 5.80.010 5.80.0205.04.700A. 5.80.0305.04.700B. 5.80.0405.04 5.80.050 5. 5.80.0GO 5.80.0705. 5.80.080 Public Utilities. ayment - Penalty. dit for Excess Payment. ation - Penalty. n rcement. ofrort Ang,eks to license fOlIc-venne. . * For statutory provisions authorizing a city to tax the gross revenues of a public utility district, see RCW 54.28.070. . -47- F - 61 DRAFT 5/11/07 ~ 5.80.0205.04.700A. - Occupation License Requirements. :A:,l. After January 1,1982, no person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by this CLapterSection, without first having obtained, and being made the holder of, a license so to do, to be known as an occupation license. B2. Each person, firm or corporation required to have a license shall promptly apply to the CitY Clerk for such license, upon such forms as the Clerk shall prescribe, giving such information as the Clerk shall deem reasonably necessary for the administration and enforcement of this Chapter. €l. Upon his acceptance of such application, the Clerk shall there-upon issue such license to the applicant. Such occupation license shall be personal and nontransferable, and shall be valid as long as the licensee shall continue in the business, and shall-continue to comply with the provisions of this Chapter. unications service" means the transmission for rent, sale or lease, or in ex er value received, of information in electronic or optical form, including, but no voice, video or data, whether or not the transmission medium is owned by the provi elf. (3-f) 'Telecommunications service" includes telephone services, paging services, personal wireless services and commercial mobile services but does not include cable service or over-the-air broadcasts to the public-at-Iarge from facilities licensed by the Federal Communications Commission or any successor thereto. . (4g) "Telephone business" means the business of providing access to a local telephone network, local telephone network switching service, toll service, cellular telephone services or coin telephone services, providing telephonic, video, data, or similar communications or transmission for hire, via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. It also includes personal wireless services providers and commercial mobile services providers to the extent they provide their services via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. ess. on, and there shall be collected ommunications business for corporat its of the City a tax for the at a rate equal to 5.5% of the total gross e derived within the City. s operating revenues" shall not include . cations company pursuant to tariffs st to the company for the tax imposed by shall also not include any revenues received from such business within the City. Section, the following terms shall have the ~ 5.80.0305.04.700B. - Tax Levied - Tele ho :A:,l. From and after January 1,2002, the from, every person, firm or corporation engaged' hire or for sale or as a service within or partly privilege of so doing business. Such tax sha operating revenues, as defined in this Section, B~. For the purposes oft' ctio charges passed on to its subscribers required by regulatory order, to compe this Chaptel Section. Gross . g re interstate tolls derived fr ati €~. For the meaning ascribed herei (t telecommunic business" means the business of providing ~ -48- F - 62 . DRAFT 5/11/07 "Telephone business" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in Washington State if the charge for the service is billed to a person in this state. "Telephone business" includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave or similar communications or transmission system. "Telephone business" does not include the providing of competitive telephone service, the providing of cable television service, or the providing of broadcast services by radio or television stations, or the provision of internet service as defined in RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet service provider. (5~) "Competitive telephone service" means the providing by any person of telecommunications equipment, or apparatus, or service, re d to that equipment or apparatus such as repair or maintenance service, if the equipment paratus is of a type which can be provided by persons that are not subject to regulatio phone companies under Title 80 RCW, and for which a separate charge is made. 5.80.0405.04.700C. . B1 From and a , 1991, there is levied upon, and there shall be collected from, every p ration or public utility district engaged in the distribution and sale of artly within the corporate limits of the City a tax. for the privilege of so tax shall be levied at the rate of six percent of the total operating re siness derived within the City, excluding revenues derived from the sale e. E~. ruary 16, 1991, there is levied upon, and there shall be collected from, ctric utility, a tax at the rate of six percent of the total operation revenues of such cluding revenues derived from the sale of electricity for resale. BJ. From fier January 1, 1997, there is levied upon and there shall be collected from, the City's solid waste utility and water/wastewater utility, a tax at the rate of eight percent of the total operation revenues of such utilities. - 5.80.0505.04.700D. - Deductions. In computing the tax there shall be deducted from the gross operating revenues the following items: . Al. Effective January 1,2002, the amounts of credit losses and uncollectibles actually sustained by the taxpayer; B~. Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington; El Amounts derived by the taxpayer from the City. . -49- F - 63 DRAFT 5/11/07 ~ 5.80.0GO 5.04.700E - Recordkeeping. Each taxpayer shall keep records reflecting the amount of his gross operating revenues, and such records shall be open at all reasonable times to the inspection ofthe City Clerk, or his duly authorized subordinates, for verification of the tax returns or for the fixing of the tax of a taxpayer who shall fail to make such returns. 5.80.0705.04.700F: - Delinquent Payment - Penalty. If any person, firm or corporation subj ect to this Chapter fails to pay any tax required by this ChapteI Section within thirty days after the due date thereof, there shall be added to such tax a penalty of eighteen percent of the amount of such tax; and ~y tax due under this ChapteISection and unpaid, and all penalties thereon, shall constitute a debt to the City and may be collected by court proceedings, which remedy shall be in addition to all other remedies. 5.80.0805.04.700G. - Credit for Excess Pa Any money paid to the City through error or ot ot in payment of the tax imposed hereby or in excess of such tax shall, upon reques~$ er, be credited against any tax due or to become due from such taxpayer he~der or, u he taxpayer's ceasing to do business in the City, be refunded to the tax r. N taxpayer ay demand a refund of tax collected more than three years from the da mand. The City may not demand a tax more than three years after the tax is accrued. 5.80.0905.04.700H. - Violat apply fO~~ ~~~~~~ti~: ~r corpora:~om e t:~~~~~~eI:a~c:~~nw~~~ d~;:~~~~:~~~~ ~ any false statement orrep in 0 '"~, nnection with any application for an occupational license or such tax re . e~~iolates or refuses or fails to comply with this Chapter Section, shall aemeanor, and, upon conviction thereof, shall be punished by a fi d five hundred dollars. Each day's offense shall be deemed a separate viol . Enforcement: The City orized to adopt, publish and enforce, from time to time; such rules and regulations for per administ~ation ofthis ChapteISection as shall be necessary, and it shall be a violation 0 this Chapter Section to violate or to fail to comply with any such rule or regulation lawfully promulgated hereunder. Section 5.04.900 IV. - PENALTIES AND ENFORCEMENT Sections: 5.04.900A 5.04.900B 5.04.900C Waiver of Penalties Until December 31. 2007. Delinquent Charge. Violation or Failure to Comply. ~ -50- F - 64 . DRAFT 5/11/07 5.04.900D 5.04.900E 5.04.900F 5.04.900G Other Legal Remedies. Stop Work Order. Certificate of Occupancy. Delinquent Charge Waiver. 5.04.900A - Waiver of Penalties Until December 31. 2007. No penalties shall be assessed under this section until December 31. 2007, however, application fees shall be due upon the effective date of the ordinance, and anvunpaid application fee shall remain due and payable for the first 12 months. and thereafter. Penalties shall not be assessed until the City provides two notices to the business that the license is required. and 45 days elapse after the second notification is received. A first notice shall be sufficient if sent by first class mail to the owner of the business or a ertt of su and a second notice shall be sufficient if sent b certi address where the owner of the b . ess or a defense that the notice was n shall not affect the obli ation of the busines this ordinance. who en a es in or carries on an business sub' ect to licensin usiness license to do so shall be ilt of a violation of this cha ter for each da durin he business is en a ed in or carried on and an erson who fails or refuses to pay the license fee or tax or any part thereof on or before the due date shall be deemed to be operating without having a license so to do. 2. Any person as defined in this chapter and the officers, directors. managing agents or partners of any corporation. firm, partnership or other organization or business violating or failing to comply with any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars. 3. Notwithstanding the foregoing, any such person violating or failing to comply with any provision of this Title following refusal of the City to license or following revocation or suspension of the business license, shall be guilty of an additional misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars. . 4. Each day a person operates a business without a license shall constitute a separate offense. 5. The City shall have a civil claim against any business that fails to pay a fee . . -51- F - 65 DRAFT 5/11/07 ~ required by the ordinance, and the City reserves any other remedies ayailable under law. 6. The City shall not enter into any contract or conduct any trade or commerce with any business which fails to comply with this chapter. 7. A business operated in yiolation of this Title shall constitute a nuisance and is subiect to abatement under Chapter 8.03 of this code. 5.04.900D - Other Legal Remedies. Nothing in this chapter limits the right of the city to pursue other lawful remedies to abate, discontinue, correct or discourage unlawful acts Under or in violation of this Chapter. eli 'ble to receive a certificate ~ Section 2. nded, and Chapter 3.70 are hereby amended by 2. other wise pIO v idcd. ~. ses. businesses which require a license, unless otherwise provided by ee shall be $25:00 50.00 per year. The minimum p101at~d fce undc'I .No proration or rebate of the license fee is allowed. Thc. fee for a temporary businesslicellse shall be $10.00 per month unlcss 1. this Chapter, the lic The fee for reissuance of a lost, stolen or destroyed business license shall be $5.00. 4. The fee fOl each<addltional busllesslicense for a person conducting the samc type, of business at two or more peUil.clnent loc.ations shall be $5.00 pc-r year. D. Dance5. The fee for an anllual buslnes5license f01 an, number of danc'-s shall be $25.00. The fee for a temporary buslne5s1ieense fOl one dance shall be $10.00. €B. Adult Entertainment Business. The fee for an adul~ entertainment business shall be $100.00 per year. BC. Fireworks Sales Permit. The fee for a fireworks sales permit shall be $te-:-ee 100.00. ~ -52- F - 66 . DRAFT 5/11/07 ED. For-Hire Taxicab Driver's Licenses. 1. The fee for obtaining the initial for-hire taxicab driver's license shall be $+5:0050.00 plus the cost for Washington State Identification Section inquiry, and the Police Department's fee for fmgerprints, photo LD., local records check and lamination ofthe license. 2. The renewal fee shall be $15.00. FE. Horse Taxi Driver's Licenses. The fee for a horse taxi driver's license issued under PAMC 5.37.100 5.40.420H shall be $570050.00 annually plus the cost for Washington State Identification Section inquiry and the Police Department's fee for fingerprints, photo J.D., local records check, and lamination of the license. 6f. Outdoor Music Festival. The fee for any outdoor music festival shall be - $10.00. Section 3 - Repealer. its entirety. Chapter 5.16, Charitable Solicitati r 5.20, Dances; Chapter 5.58, The following chapters in Title 5 P AMC are her pealed in their entirety: Transient Merchants; Chapter 5.64, Religio apter 5.70, Tattooing. Section 4 - Condition. . In the event the City Council a business & occupation tax, adoption shall have the effect of repealing this ordinance in dinance or its applications to any person or circumstances is ainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 6 - Corrections. The City Clerk and the codifie!s of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener'slclerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. . Section 7 - Effective Date. This ordinance shall take effect 30 days from the date of -53- F - 67 DRAFT 5/11/07 ~ final passage of the ordinance by the City Council. PAS SED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of ,2007. MAYOR ATTEST: Becky J. Upton, City Clerk G:\Legal_ Backup\ORDINANCES&RESOLUTIONS\ORDINA May 11, 2007 (9:05am) By Summary APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: ~ ~ -54- F - 68 . . . ~r."". '0" R" 'J''JV.. . .N.G....E.. 'L' E'" 'S" ! ~i f! ,I:,)'! ,./\ i I ( :: I' I . : (' " . : ',"~ ... ... '''{'.!' .. ..", ......J ...,.1 .....i ..."" ......-............~ ",.....,.,," ..,......,..". WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL FROM: WILLIAM E. BLOOR, CITY ATTORNEY SUBJECT: Resolution - Designated Agent for Service of Claim Upon City of Port Angeles SUMMARY: This resolution gives the City Manager authority to file a notice with the Clallam County Auditor designating the City's agent and service address for service of clailJl upon the City of Port Angeles. RECOMMENDATION: Pass the Resolution to file Notice. DISCUSSION: Chapter 4.96 RCW provides that before someone can sue a local government for damages, the claimant must first file a claim with the local government's designated agent. For tort claims, the local governmental entity will then have 60 days to consider the claim before the claimant can file suit. RCW 4.96.020(2) was recently amended to require each local government to record with the county auditor the name of the entity's designated agent and service address. Attached is a form prepared for the City Manager's signature for filing with the Clallam County Auditor which designates his appointment and service address for the City's agent. This is designed to comply with the new law. /;f ~ //l (J.l{Y William E. Bloor City Attorney Attachments WEB:jd G:\LEGALIMEMOS.2007lCouncil.De';gnatingCity',Agent5-3-07.wpd G -1 G - 2 . . . . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, delegating authority to the City Manager to appoint a designated agent to receive claims filed against the City of Port Angeles. . WHEREAS, RCW 4.96.020(2) provides that the identity of a local governmental entity's designated agent for service of claims upon the governmental entity and the service address must be recorded with the County Auditor; and WHEREAS, it is in the interest of efficient administration of City government to delegate authority to the City Manager to appoint an agent from the City from time to time to satisfy the requirements of this statute. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port . Angeles as follows: Section 1. The City Manager is hereby authorized to appoint an agent to receive claims for damages and to record notice with the County Auditor as required by statute. The City Manager is authorized to change said agent from time to time as he deems necessary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said day of May, 2007. Council held on the MAYOR ATTEST: APPROVED AS TO FORM: Becky 1. Upton, City Clerk William E. Bloor, City Attorney G:\LegalJlackupIORDINANCES&RESOLUTIONSIRESOLUTIONS .2007\R2007-06.ManagerAppointAgentForClaims.050307. wpd . G - 3 For Recordiul! with: CLALLAM COUNTY AUDITOR Clallam County Courthouse 223 East 4th Street Port Angeles, W A 98362 Notice of Agent for Claims of Damages against the City of Port Angeles . City Manager, Mark Madsen, and the CITY OF PORT ANGELES, hereby designates Robert . Coons of the City of Port Angeles as the City's designated agent for claims filed against the City. Designated Agent: Robert Coons, Risk Manager Service Address: City Hall 321 East Fifth Street P.O. Box 1150 Port Angeles, W A 98362 Dated this _ day of ,2007. CITY OF PORT ANGELES By: Mark E. Madsen, City Manager ATTEST: Becky 1. Upton, City Clerk G:\LEGAL\City MiscIDesignated Agent for Claims Filed against City 5-1-07.wpd G-4 . . . . DATE: To: FROM: SUBJECT: F'O-R'- 'T- r'PJ.- ". Nr- !~)" );~) ~ ,"' l "\"" j I : . .~ ~,... ... m_ '. N " ~ r""""" mmim ._./ -m~m' E-....'L.-E.....'S-... l.'j ~ i , < ,m:, ,.1 _:.....J '. :uu] _.:.....) ',,,,,r WAS H I N G TON, CITY COUNCIL MEMO U. S. A. May 15,2007 CITY COUNCIL Glenn A. Cutler, Director of Public Warks & Utilities ~ Resolution Setting Public Hearing on 2007-2013 Transportation Improvement Program (TIP) & Capital Facility Plan (CFP) Summary: It is necessary to conduct a public hearing prior to adopting the Transportation Improvement Program (TIP) and Capital Facility Plan (CFP). Recommendation: Pass the attached resolution setting a public hearing for June 5, 2007 to accept public comment on the City's 2007-2013 Transportation Improvement Program and the 2007-2013 Capital Facility Plan. Background/Analysis: The State requires the City to set a public hearing by resolution to accept input for our six-year TIP. It is noted that the six-year TIP is included as the transportation element of the six-year CFP. A workshop and presentation to familiarize Council members with a status report of the 2006/2007 governmental fund projects, provide a summary of the CFP projects for review, and to discuss the projects, their priorities, and their funding will be held prior to the opening of the public hearing on June 5, 2007. A binder containing the entire six-year CFP, with copies of the adoption schedule and governmental general fund allocations, has been provided to Council. Following the workshop, public input will be accepted during the hearing. It is proposed to continue the public hearing to June 19, 2007. This evening, a short presentation will be given on the CFP/TIP process, including the schedule for hearings and adoption and an overview of the project documentation. At the June 19,2007 Council meeting, additional input will be taken and the hearing closed. Following Council discussion, the CFP ITIP may be adopted. Attachment: Resolution N:\CCOUNCIL\FINAL\2007 TIP & CFP Public Hearing_doc H -1 ,--,) RES OLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, setting a public hearing date of June 5, 2007 for review of the Six:-year Transportation Improvement Program (TIP) and the Capital Facilities Plan (CFP) for the years 2007-2013. WHEREAS, pursuant to RCW 35.77.010, the City of Port 'Angeles is required to review its TIP annually; and WHEREAS, the CFP may be revised once a year in accordance with the State's Growth Management Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles, Washington, that the City Council will hold a public hearing on the proposed six-year TIP and on its CFP for 2007-2013 on the 5th day ofJune, 2007, commencing at 7:00 p.m. or soon thereafter, at 321 East Fifth Street, Port Angeles, Washington. All written and oral comments on the proposed TIP and CFP will be considered. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of May, 2007. MAYOR ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney ( ) ,~ R2007-08. T1P&CFP-Hearing.051 007. wpd H-2 . . . DATE: To: FROM: SUBJECT: F."." '0" R'" '1'" "'Pt. .".NiG' 'E""L" E"SY I I.,) r /1 J,'I 1\ I I ( .' ;.L:', J .., ;~!J .'. i . .. i (""~U@ .... 1 r "........,,~ ,.._...:1 ...~".m WAS H I N G TON U. S. A. CITY COUNCIL MEMO May 15, 2007 CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities ~ City/Port Angeles School District Facilities Use agreement Summary: The City and the Port Angeles School District currently have an informal arrangement for the joint use of recreation related facilities. Although an agreement was approved by the City Council on May 20, 1980, no formal Agreement was executed. A new Agreement has been drafted. The Port Angeles School District and the Parks & Facilities Oversight Committee have reviewed it. Recommendation: Pass the resolution and authorize the City Manager to sign a Facilities Use Agreement with the Port Angeles School District. Background/Analysis: The City and Port Angeles School District have used each other's facilities for an extended period of time without a formal agreement. It has been an excellent example of agencies working together for the good of the citizens. Records indicate an agreement was approved by Council on May 20~ 1980 but was not signed. The intent of this Facilities Use Agreement is to: 1. Provide the spirit of cooperation between the City and School District to jointly combine resources and better utilize existing facilities for recreational programs. 2. Provide a foundation for joint future plaQIling and coordination of facility development and expanSIOn. 3. Minimize duplication of resources and efforts. 4. Provide one central agency for the scheduling of community recreational facilities for the benefit of the community. 5. Provide a broad base for funding and grant application as may apply to the development of future recreational facilities. As the District's and the City's recreational programs have expanded, this Agreement is necessary to establish clear policies for all concerned. N:\CCOUNCIL\FINAL\School- City Facilities Use Agreement.doc H-3 May 15, 2007 City Council Re: City/School District Facilities Use Agreement Page 2 of2 . The Parks & Facilities Oversight Committee reviewed this Facilities Use Agreement andrecommended Council adoption. The members of the Parks, Recreation, and Beautification Commission have also reviewed and provided input. The School District Board has approved the agreement. It is recommended that the Council pass a resolution and authorize the City Manager to sign a Facilities Use Agreement with the Port Angeles School District. Attachment: Resolution H-4 . . . RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, relating to an Interlocal Agreement for Use of Facilities between the City and the Port Angeles School District No. ql. WHEREAS, the City and the School District each have facilities which can be operated jointly for the welfare of all citizens; and WHEREAS, the City and the School District have operated informally under the framework of this arrangement since 1980; and wHEREAS, the parties agree that a formal update and renewal of the arrangement will help to establish consistent policies and procedures to guide staff, and the parties agree that past practices guide the interpretation of legislative intent of the City Council and School Board of Directors; and . WHEREAS, the City and the School District desire to keep operating and maintenance costs to a minimum for the benefit of the community; and WHEREAS, the City and the School District are willing to cooperate in the joint use of facilities as set forth in the interlocal agreement; NOW, THEREFORE, BE IT RESOLVED: That the Port Angeles City Council hereby approves and adopts the Interlocal Agreement for Use of Facilities between the City and the Port Angeles School District No. 121 and authorizes the City Manager to sign the.agreement. PASSED by the City Council of the City of Port Angeles at a special meeting of said Council held on the 15th day of May, 2007. MAYOR ATTEST: APPROVED AS TO FORM: . Becky 1. Upton, City Clerk William E. Bloor, City Attorney G:\Legal_Backup\ORDINANCES&RESOLUTIONS\RESOLUTIONS.2007\R2007-07 . School Dist Facilities Use Agmt.051 007 .wpd -1- H-5 H-6 . . . . . . DATE: To: FROM: SUBJECT: Pi ,:or,RrjT..... r'Pi' r'. N! f ; .,of;: ,;: " i i-,_ j' J~.J ~ ... ~i-~ I E.'.~' '1.... E..... "5'" ;,..l' i ~,.._ l \ ': '_. ' 'J ,< " ...'..! ...:...."J...:....J '...J' WAS H I N G TON, u. S. A. CITY COUNCIL MEMO May 15,2007 Cr'ry COUNCIL SUE ROBERDS, PLANNING MAN~ Municipal Code Amendment - MCA 07-01 Amendment to Short Subdivision Section 16.04.080 PAMC Summary: Consideration of an amendment to Section 16.04.080 ofthe Port Angeles Municipal Code allowing an exception of street standards with regard to short plats interior to industrial sites in the Industrial Heavy (ill) zone. Recommendation: Council should conduct the second reading of the ordinance approving the Municipal Code Amendment. Background: The City Council conducted a fIrst reading of an ordinance approving this Code Amendment on May 1, 2007. The City's subdivision standards were largely developed with an emphasis on residential and commercial lot development. The standards are designed to ensure that lots are developed that provide urban amenities: streets, water, power, telecommunications, refuse pickup, and emergency services. An amendment to the current short subdivision regulations, with regard to industrial sites, could provide an alternative standard~that would facilitate the creation of industrial lots within sites to be served by private streets rather than public streets. The amendment would not relax the development standards for streets, and would therefore address public safety issues ensuring uninterrupted emergency access while leaving the responsibility of street maintenance to property owners. Because streets would still be developed to a minimum City standard, dedication could take place at a later time if desired. Such an amendment would allow for the creation of a variety of heavy industrial lots within industrial sites in the Industrial Heavy zone where streets are private. Attachments: Ordinance, findings, and conclusions J-1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Short Plat Subdivision Regulations, Chapter 16.04, Title 16, of the Port Angeles Municipal Code. . . THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as ollows: Section 1. Ordinance 3122, as amended, and Chapter 16.04, Preliminary -Short Plat .,. esign Standards, of the Port Angeles Municipal Code are hereby amended by amending 6.04.070, to read as follows: 16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall onform to the following design standards: A. Right-of-Way Access. 1. Each lot shall abut on a dedicated, improved and maintained City street: that connect~ directly to an existing improved street and that meets current street provement standards asset forth in the Comprehensive Plan, the Urban Services Ordinance, d the Urban Services Standards and Guidelines promulgated consistent with and pursuant to AMC 18.08:040 and 18~08.130.with the following exceptions: a. . Streets mav be established interior to sites within the Industrial ea IH zone without dedication as a ublic street. In all other res ects such streets must be evelo ed and maintained to meet current street im rovement standards. A note shall be laced n the final recordin m larthat such street s shall be maintained to the above standards b the 3:b. An exception from the right-of-way access requirements in this section shall be allowed for a single residential or commercial lot within a proposed short plat, provided that the following conqitions are met: a i. the single lot contains an existing habitable dwelling that abuts and is accessible by emergency vehicles over an existing 20-foot-wide all-weather street that does not meet City standards, and . b ii. all other lots in the short subdivision shall meet the right-of-way access standards of this section. 4- ~. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW 58.17.110. -1- J-2 . B. Lot Design. 1. The minimum area shall be equal to or greater than that required by the Zoning Code as now enacted or hereafter amended. 2. The minimum depth shall be the total distance between the required front and rear yard setbacks plus fifteen feet. 3. The minimum width, measured at the mid-point between the front and rear yard setback lines, shall be as required by the Zoning Code as now enacted or hereafter amended. 4. The front lot line shall be the boundary of a lot which abuts a street. On a panhandle, flag, or dogleg lot, the front lot line and setbacks shall be determined during the short subdivision process, or, if not determined during short subdivision review, shall be determined by the Community Development Director. 5. a. Panhandle, flag, or dogleg lots may be permitted if the original arcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring within the interior of the plat and if there is no reasonable likelihood that standard ights-of-way could be provided in cooperation with abutting properties. b. Each such panhandle, flag, or dogleg lot shall meet the following criteria: . fi The panhandle shall have a minimum width of twenty feet and shall serve no more than one lot. ii. The required lot area shall not include any portion of the 111. Dead-end access streets and/or driveways in excess ofl50 eet in length shall be provided with a turn-around which has a minimum 90- foot diameter asphaltic concrete street or an alternative approved by the City consistent with the Urban Services Ordinance and the Uniform Fire Code, except that an all-weather gravel surface section ay be approved for tum-arounds which are anticipated to be temporary due to the future extension of the roadway. C. Natural Features. The lots and lot arrangement shall be such that no foreseeable difficulties will be created, due to topography and other natural conditions, for the securing of ui1ding permits to build on all lots in compliance with the Zoning Code and the nvironmental1y Sensitive Areas Protection Ordinances, as now enacted or hereafter amended, d all other applicable regulations. . D. Large Lots. Where property is subdivided into lots which are of sufficient size o be resubdivided, the lots and streets shall be arranged so as to permit later resubdivision in onformance with the Zoning Code, as now enacted or hereafter amended, the Subdivision egu1ations Ordinance, as now enacted or hereafter amended, and this Chapter. Section 2 - Severability. If any provisions of this Ordinance or its applications to any erson or circumstances is held to be invalid, the remainder of the Ordinance or application of he provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized o malce necessary corrections to this ordinance including, but not limited to, the correction of he scrivener' s/ clerical errors, references, ordinance numbering, section/subsection numbers and ..' y references thereto. -2- J-3 Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1st day of May, 2007. MAYOR ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: May . 2007 By Summary G:\Legal_Backup\ORDlNANCES&RESOLUTIONS\ORDINANCES.2007\2007-11.Subdivisions.Title 16.041907.wpd May 1, 2007 -3- J-4 . . . FINDINGS AND CONCLUSIONS IN SUPPORT OF MUNICIPAL CODE AMENDMENT - MCA 07-01 PORT ANGELES MUNICIPAL CODE: Findings: 1. The purpose of the City's short subdivision regulations is to provide uniform standards for the subdivision of lots while creating building sites that further the goals, policies, and objectives of the City's Comprehensive Plan. 2. The Land Use Element Industrial Goals, Policies, and Objectives of the City's Comprehensive Plan states: Goal G. - To create and maintain a healthy and diverse industrial sector for a balanced and stable local economy. Goal H. - To provide opportunities for industrial development in a manner, which efficiently uses the community's various attributes and natural resources, has minimal impact on the environment, contributes to the City's quahtj; of life, and is compatible with the desired urban design of the City. Goal H, Policies: 1. Urban services should be available for all industrial areas as required by the Capital Facilities Element concurrency policy. 2. Infrastructure, which makes sites attractive and ready to develop, including transportation facilities and utilities, should be available at industrial parks. Industrial development should be encouraged to follow industrial park design concepts. 3. The City's short subdivision regulations allow provide the standards for the development of from one to four lots within the City limits. All newly created lots must abut on an improved, dedicated, City street to ensure that all lots will be developed to an expected urban, standard. 4. The City's lot division regulations have mainly been used to create residential or commercial building sites. Industrial areas located in the City limits are largely owned and operated by the Port 9fPort Angeles and are found along the waterfront area and in the airport area. The recent annexation of industrial property located within the City's western Urban Growth Area has identified a need to review the City's land division standards for this property that is unique to previous development in the City. 5. The City's land division standards for short subdivisions (1 - 4 lots) requires that newly created lots abut onto an improved, dedicated, City street. The proposed amendment is intended to allow for the short subdivision of properties specifically within the Industrial Heavy zone that will be served by private streets. J-5 6. Activities expected within Industrial Heavy zoned sites often include the use of heavy equipment and machinery not permitted or desired on public streets. . 7. Circulation patterns within industrial sites are intended to accommodate site employees and operators rather than the general public. 8. The City's Public Works and Utilities Department has stated that they have no desire to maintain streets within an industrial development that are not through streets. The City's Fire Department had no concerns with the proposal as long as the subject streets are developed to a minimum City standard with adequate turn a rounds, and are maintained for emergency access purposes satisfactory to the Department. Conclusions: 1. Circulation patterns within Industrial Heavy zoned sites differ from those expected within other zones. Traffic patterns in such areas are heavily impacted by and support the use of heavy equipment that is not permitted on standard Urban streets in commercial or residential zones. Lots developed within such a site can be adequately served by private streets that are built to City standards but are not dedicated as a public street. The proposed amendment will allow for the creation of additional industrial sites where interior access streets are constructed to City standard but the responsibility of maintenance ofthe industrial streets are not the responsibility ofthe City as they do not act as a public thoroughfare. . 2. The amendment will enhance the City's ability to provide flexibility in its land division regulations, and provide site development options that will foster the creation and infill of industrial development sites. 3. The amendment provides that, although streets within industrial subdivisions need not be dedicated as public, they will be designed and maintained in a manner that will allow for the future dedication of the streets, and will ensure that uninterrupted emergency access is provided to all lots within the short subdivision. Adopted by the Port Angeles City Council at its meeting of May 15, 2007. Karen A. Rogers, Mayor Becky J. Upton, City Clerk . J-6 . . . WASHINGTON, U.S.A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities J>.\A.V Port Angeles LandfIll Closure Award, Project 06-22 FROM: SUBJECT: Summary: Bids were solicited for the construction of the final cover for Cell 3 of the landfill. Bids were opened on May 8, 2007, and three bids were received. The lowest responsible bid was submitted by Delhur Industries in the amount of$I,867,584.31, including tax. Recommendation: Award and authorize the Mayor to sign the contract with Delhur Industries Inc. in the amount of $1,867,584.31, including tax, for the Port Angeles Landfill Closure Pro.fect 06-22. Background/Analysis: The Federal Aviation Administration is requiring the City to close its landfill, located at the end of West 18th Street, because of its proximity to Fairchild International Airport and the potential for bird/airplane incidents. The design of the closure and capping of Cell 3 of the landfill was completed by Parametrix, Inc. The work consists of the construction of a final cover system (approximately 11 acres). It includes installation of the cover system, modification of the existing gas and leachate collection system, installation of a gravel access road on the cover system, storm drainage improvements, and other related work. The project was advertised April 9, 2007. Three bids were received and opened on May 8, 2007, as summarized on the table below. Delhur Industries Inc., submitted the lowest responsible bid, which is 24% under the Engineer's Estimate. Bidders Bid (including Tax) Delhur Industries Inc., Port Angeles $1,867,584.31 Bruch and Bruch Construction Inc., Port Angeles $2,035,233.04 Clearcreek Contractors Inc., Everett $2,640,285.43 Engineer's Estimate $2,458,101.00 It is recommended that Council award the work to Delhur Industries Inc., in the amount of $1,867,584.31, including tax, and authorize the Mayor to sign the contract for the Port Angeles Landfill Closure Project 06-22. N:\CCOUNCIL\FINAL\Landfill Closure Award Project 06-22.doc K -1 K-2 . . . . . . CITY OF ~. rmiO"" R"'~T'f~' ..... N'''G/''';E::L' E;;S"; ! :v.~l (, ) '.- I / 0"0,1 ! ( T f,l,. i ;: r ;i~) . :.... ~ __.'.'" . _ .~-..~ .m".....,., _....,...,~, ~'.'.........,. .~... . r . , i .............~ <M""" ' 'w,....",,;; ~ WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL MARK E. MADSEN, CITY MANAGER /ffi-7t1 FROM: SUBJECT: 215 S. LINCOLN REQUEST FOR PROPOSAL-RFP #07-10 Summary: One proposal was received for RFP 07-10 prior to closing. The proposal was submitted by a Realtor in the form of a Commercial Property Purchase and Sale Agreement in the name of Anne Marie Kriedler. Staff has evaluated the proposal and determined that it is non-responsive to the criteria of the RFP. Recommendation: Reject all proposals, and direct staff to continue to solicit and work with other parties interested in the future use oHhis surplus ~roperty. Backeround / Analvsis: Although staff received numerous inquiries prior to the closing date of the RFP, only one proposal submission was received. The proposal consisted of a Commercial Real Estate Purchase and Sale Agreement form. That form was filled out by hand, and was nearly illegible. The lone proposal was reviewed by Staff and the Real Estate Committee and found to be non- responsive. The RE Committee unanimously recommended that Council reject the proposal. The Real Estate Committee reaffirmed previous Council direction for staff to solicit parties interested in acquiring this surplus property. K-3 . . . CITY OF FORTANGELES . WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL MARK E. MADSEN, CITY MANAGER 111tC--?t1. LIGHT OPERATIONS BUILDING REQUEST FOR PROPOSAL - RFP #07-09 FROM: SUBJECT: Summary: In Response to RFP #07-09 Family Medicine of Port Angeles (FMP A) submitted a proposal to purchase surplus City Real Estate located at 240 W. Front Street in the amount of $775,000. Recommendation: Accept proposal from Family Medicine of Port Angeles in response to RFP #07-09 subject to: (1) successful negotiation of a purchase and sale agreement and (2) securing a facility into which Light Operations Division can relocate. Direct the City Manager to negotiate terms of a purchase and sale agreement with FMP A. Direct staff to locate and negotiate contract terms for a suitable replacement facility for Light Operations. Final transaction documents for both actions to be presented to Council for authorization. Background / Analysis: Council, having previously declared the property at 240 W. Front Street commonly referred to as the Light Ops building to be surplus, directed the City Manager to offer the property for sale. The vehicle for offering the subject property for sale was a Request for Proposal (RFP). The closing date for RFP #07-09 was April 20, 2007. Only one response was received for this property submitted by Family Medicine of Port Angeles, with a purchase price offer of Seven Hundred Seventy-Five Thousand dollars ($775,000.00). Though widely advertised, very few inquiries for this property were fielded by Staff. Family Medicine of Port Angeles in conjunction with Olympic Medical Center have made presentations to the Real Estate and Utility Advisory Committees regarding their interest in bringing a medical clinic into the Central Business District. City Council declared this property to be surplus to the needs of the City in 1985, which action was ratified by the current Council on March 16, 2007. The stated intent and purpose was to move the Light Operations out of the central business district, thus making the property available to the private sector, letting market forces determine the highest and best use. Light Operations' facility requirements are approximately 3000 square feet of office space and 6000 square feet of secure high-bay space for equipment and shop needs. A space study conducted for PW &U estimated replacement cost for the existing building to be between $1.5 - $2.0 million dollars. We have located a facility that can be leased for $49,200/year. This facility would require approximately $200,000 in modifications to serve the needs of Light Ops on a long-term (more than 2 years) basis. The proposed use is compatible with the Port Angeles Comprehensive Plan and current zoning regulations. Furthermore, it is consistent with goals Council, Staff and the community have expressed for revitalizing the downtown area. The City will receive fair value for the property. . The UAC has forwarded the above recommended action for Council consideration and action. . . Angeles, PLLC Stanley A. Garlick, M.D. William F. Hennessey, M.D. Katherine S. Hennessey, M.D. Michael S. Maxwell, M.D. S. Robert Epstein, M.D. Katrina C. Weller, M.D. Barbara J. Maxwell, ARNP Harriet G. Shafer, ARNP Emily A. Glassock, ARNP 303 West 8th Street . Port Angeles, WA 98362 . (360) 452-7891 . www.fmpa.net April 19, 2007 Mark Madsen, City Manager City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 Re: Response to RFP No. 07-09 . Dear Mr. Madsen: Family Medicine of Port Angeles, P.L.L.C., or an entity to be fonned by its members, responds to the above-identified RFP and hereby offers to purchase the property owned by the City of Port Angeles legally described as Lots 8, 9 and 10 of Block 14, Townsite of Port Angeles (hereafter "the City Light property"), subject to the terms and conditions ofthis letter and the enclosures herewith. Our proposed development will also require acquisition in fee or possession by long-term lease of the adjoining lot contiguous to the City Light property on the east (Lot 7, Block 14, Townsite of Port Angeles) to accommodate the parking needs of our proposed development. Our proposed purchase price (including the present value calculation of any lease costs peliaining to Lot 7) is Seven Hundred Seventy-Five Thousand Dollars ($775,000). We recognize this offer is less than the minimum bid set forth in your RFP. The principal reason we are unable to meet your minimum bid price is the economic obsolescence of the building currently located on the subject property. At this time it is extremely uncertain that this building will have any significant economic benefit to our project. Detailed engineering may well determine the structure simply needs to be demolished. We hope the City will give due consideration to the condition of the building, our comments enclosed with regard to the appraisal of the property, and the enclosed Project Brief, and reach a favorable determination with regard to this proposal. . \: Mark Madsen, City Manager City of Port Angeles April 19, 2007 Page 2 . Terms: (a) All cash at closing (offeror intends to privately finance development of the property, and no financing contingency will be required); (b) Acceptance of this proposal within thirty (30) days of April 20, 2007; (c) Negotiation of a mutually acceptable definitive purchase and sale agreement within thirty (30) days of acceptance; (d) Negotiation of a mutually acceptable lease (if applicable) for Lot 7, Block 14, within thitiy (30) days of mutual acceptance; (e) Determination of overall feasibility of the proposed project by the offeror (including, without limitation, economic feasibility, development feasibility for offerors intended use and reasonable availability of necessary penn its) on or before sixty (60) days from the date of acceptance; (f) Closing and possession on or before seventy (70) days from acceptance. . Offeror intends to utilize the property to develop and operate a state-of-the-art primary care medical facility. It is presently anticipated that approximately 15%-20% of the facility will be occupied by Olympic Medical Center. The enclosed Project Brief describes the proposed development in greater detail. We recognize the City of Port Angeles has recently had this property appraised by Halberg Pacific Appraisers, and our offer is made with due regard to that appraisal. In support of our offer we provide the following comments: 1. It is our opinion land value in the subject appraisal is overstated by approximately $50,000. The $12 per square foot land value assigned by the appraiser is roughly 30% higher than the most obvious comparable, the recent transaction between the Port of Port Angeles and Henry Dorssers located directly across the street. Indeed, the only comparable in the appraisal which is equal to or in excess of the assigned value of $12 per square foot is a bluff view property developed for high density residential purposes, rather than commercial purposes. 2. We believe the cost approach to value in the appraisal understates depreciation. The subject building is 45 years old. It also is in need of significant deferred maintenance . . . . Mark Madsen, City Manager City of POli Angeles April 19, 2007 Page 3 (for example, as noted in the appraisal, the roof of the building is essentially at the end of its useful life ). Although it may ultimately be adapted to purchaser's intended use, its utility as a professional office or commercial building in the downtown core is extremely limited. 3. Although the appraiser relies on comparable sales, the appraiser himself concedes that each of the comparables he has identified are substantially "different" from the subj ect property. 4. Our offer is made with the assumption closing documents will include a covenant, the precise terms of which should be negotiated as pmi of our definitive purchase and sale agreement, obligating purchaser to provide care to the "poor and infirm" and Medicaid and Medicare patients at specified levels for the agreed term of the covenant. This covenant, as we have discussed, will be of substantial benefit to the citizens of Port Angeles and the surrounding community. 5. Our proposed redevelopment project (essentially the first new building to be constructed in downtown P01i Angeles in about 25 years) will contribute significantly to the economic vitality of downtown and create significant economic activity multipliers. 6. Our project will eliminate an inappropriate use from the downtown core and significantly enhance the value ofthe City's adjoining ownership to the east. 7. Our project will place a significant downtown property in private ownership. The project at completion will have a value of approximately $4,000,000, generating approximately $46,000 per year in new property taxes (of which the City will receive about $13,360 per year). The present value of these property tax receipts to the City over the next 20 years, assuming a 5% interest rate, is approximately $166,500. 8. Sales tax associated with construction will be approximately $252,000. The City's direct share of these sales tax revenues is about $57,000. 9. Family Medicine enthusiastically suppOlis the proposed development of a public shoreline access park on the Depmiment of Natural Resources property n01ih of Oak Street. Family Medicine is interested in exploring opportunities for private participation in park development. Mark Madsen, City Manager City of Port Angeles April 19, 2007 Page 4 We look forward to proceeding with development ofthis project as expeditiously as possible, should our proposal be accepted. Your prompt and favorable response is solicited. Very truly yours, Family Medicine of Port Angeles, P.L.L.c. By: !Aj- 6 '0-'9 William F. Hennessey, M.D., Member . . . . Project Brief Downtown Port Angeles Primary Health Care Center 1/22/07 RE:\0\'AT10'\ OF EX1STI:\G PORT\~GELES ('In L1GlIT BlILI)l:\G for FAMILY lVlEDICINE of PORT ANGELES DOWNTOWN PRIMARY CARE CLINIC . lInt Pnm,H\ (,111; Prd'.h.k,-. .: ~ 11011 P,lll~'Il: '. )'.11... IVf \ ("dl -\ t\tl.d \)( -lU,HHO p~.hl,lll" ~;lmH\:1 t\\ thi" [,\;':!:;''. pl.'j \...'~:1I . . . . CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES / PRESENTATIONS: Recognition of Port Angeles High School Symphonic & Vocal Unlimited Choirs Recognition of Port Angeles High School Jazz Band Recognition of Older Americans Month Recognition of Police Officer Dan Morse CITY COUNCIL MEETING Port Angeles, Washington May 1, 2007 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Munro, Petersen, and Wharton. Members Absent: Councilmember Headrick. Staff Present: Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. Pierce, J. Mason, J. Viada, T. Gallagher, R. Gunn, K. Ziegler, G. Roggenbuck, D. Morse, M. Karjalainen, D. Arand, L Hainstock, T. Rooks, P. Bartholick, R. Horton, D Bellamente, E. Kovatch, S. Coyle, B. McFall, and A. Brusseau. Public Present: T. Ahlgren, B. Booher, andC. Kidd. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by retiring Police Chief Riepe. 1. Proclamation in Recognition of Port Angeles High School Symphonic & Vocal Unlimited Choirs: Following a choir rendition of Somewhere Over the Rainbow, Mayor Rogers read and presented a proclamation recognizing the Port Angeles High School Symphonic & Vocal Unlimited Choirs for taking first place in the Lionel Hampton International Jazz Festival in Moscow, Idaho. The proclamation was accepted by Jolene Gailey, Director, and the choir members. 2. Proclamation in Recognition of Port Angeles High School Jazz Band: Following a quartet's performance, Mayor Rogers read and pre,sented a proclamation recognizing the Port Angeles fIigh School Jazz Band, who took first place in the jazz band category in the Lionel Hampton International Jazz Festival in Moscow, Idaho. The proclamation was accepted by Doug Gailey, Director, and the jazz band members. 3. Proclamation in Recognition of Older Americans Month: Mayor Rogers read and presented a proclamation to Councilmember Braun and Eleanor Tschimperle, Senior Center Board member, declaring the month of May, 2007, as Older Americans Month. 4. Proclamation in Recognition of Police Officer Dan Morse: Mayor Rogers, joined by Deputy Chief Gallagher, read and presented a proclamation to Police Officer Dan Morse, honoring his efforts in saving the life of a Port Angeles resident who had suffered from a self-inflicted gunshot wound. - 1 - L-1 CITY COUNCIL MEETING May 1, 2007 PUBLIC CEREMONIES / PRESENTATIONS: (Cont'd) Recognition of Retiring Police Chief Tom Riepe Break PUBLIC HEARINGS - OTHER: P AMC Amendments - Title 16, Subdivisions Birthday Greetings PUBLIC HEARINGS - QUASI-JUDICIAL: . WORK SESSION: Business License Ordinance 5. Proclamation in Recognition of Retiring Police Chief Tom Riepe: Fire Chief McKeen presented a montage of pictures showing the life of retiring Police Chief Tom Riepe, after which Mayor Rogers read and presented a proclamation to Chief Tom Riepe, who is retiring after 30 years of dedicated law enforcement service to the City of Port Angeles. Chief Riepe was joined by his wife, Becky, in receiving a standing ovation. Police Chief Spinks, City of Sequim, presented a plaque to Chief Riepe on behalf of the Olympic Peninsula Narcotics Team; Clallam County Sheriff Bill Benedict presented Chief Riepe a plaque from the County Sheriffs Department; representatives of the Kitsap County Sheriffs Department, Lt. Mandeville and Officer Mahoney, provided commentaries on past memories imd experiences with Chief Riepe; and Clallam County Commissioner Doherty expressed appreciation to Chief Riepe for his serviCe, professionalism, and support. Chief Riepe expressed words of;;tppreciation to the City and the Police Department, stating it was an honor and a privilege to serve. . Mayor Rogers recessed the meeting at 6:55 p.m. for a reception in honor of Chief Riepe. The meeting reconvened at 7:20 p.m. 1. P AMC Amendments - Title 16, Subdivisions: Planning Manager Roberds reviewed proposed amendments to Titl~ 16, Port Angeles Municipal Code, regarding an exception of street standards in short plats thatare interior to industrial sites in the Industrial Heavy (ill) zone. The proposed change creates the potential for additional industrial lots within sites to be served by private streets rather than public streets. In keeping with the requireinent to conduct a first reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending a portion of the Short Plat Subdivision Regulations, Chapter 16.04, Title 16, of the Port Angeles Municipal Code. . Mayor Rogers opened the public hearing at 7:25 p.m. There being no public testimony, the public hearing was continued to May 15, 2007. At this time, Mayor Rogers and the Council extended birthday greetings to Councilmembers Headrick and Wharton. None. 1. Business License Ordinance: Manager Madsen opened discussion on proposed changes to the City's business license regulations, indicating the City currently has limited business license requirements with only certain types of businesses required to be licensed. Over the last several years, discussions have been held among the staff, Council,.and the community regarding an expansion of the business license requirements in the City. At this time,' a complete rewrite of the Ordinance is being presented to expand the types of businesses from a limited view to a requirement that all businesses in the City would be licensed.. He asked for discussion on several key points: the scope of the license and registration requirements, i.e., those domiciled in the City or also those from other areas who do business in the City; Council's policy on the fee structure; and the appropriate enforcement. elements of the Ordinance. He added that the regulations and associated fees are not being introduced for purposes of generating revenue, but are necessary in . order to cover the City's costs to administer the Ordinance. -2- L-2 CITY COUNCIL MEETING May 1, 2007 . WORK SESSION: (Cont'd) Manager Madsen explained why the business license information is important, citing a situation during a winter storm whereby the City's emergency contact information proved insufficient, and the City was unable to contact the property owner in a timely manner, likely resulting in significant cost to the property owner. By having appropriate information available to emergency personnel, these types of situations could be avoided. Also, from his economic development background, Manager Madsen felt it crucial to have an understanding of the businesses in the City, as wellas the types of businesses not here. The lack of business information is a hindrance in planning for economic development and prosperity for the entire community. One of the powers granted to cities by the State is that of maintaining current and accurate information on businesses, so the business license process would be the most efficient means of obtaining the information. The business license issue has been considered by the Community & Econonlic Development Committee, as well as the Finance Committee. Business LiCense Ordinance (Cont'd) Mayor Rogers facilitated discussion among the Councilmembers, beginning by stating her experience on the EDC Board and its efforts to do demographics; it was impossible to obtain a comprehensive list of businesses in Port Angeles: For that purpose, she saw a huge benefit for the City to be able to communicate with its businesses in a means other than utility bills. From a safety standpoint, it is important to know the types of products being kept by businesses. She also asked how the City could tout the businesses in the community if they didn't even know who they are. She learned of a company operating a business from a residential basement with nine employees, but if something happened and the Fire Department had no knowledge of the employees, a tragedy could occur. She also felt this to be license parody, as other businesses have been required to have a license for many years. . The Councilmembers engaged in discussion, considering such aspects as pre-frre planning and enforcement. Attorney Bloor discussed the enforcement alternatives, ranging from a soft approach to that of a hardline approach that could incorporate a delinquent charge, making a business owner criminally liable of a misdemeanor or gross misdemeanor, or the enforcement could be linked to a certificate of occupancy where a business couldn't occupy the premises without a license. Discussion also focused on whether convicted felons could obtain a license, the various types of information that might be garnered on the application, and situations where emergency contact information is important. The Council also considered concern expressed that some may think this is the first step toward a B & 0 tax, so the intent of the Ordinance should be clearly stated. It was suggested that a repealer be placed in the Ordinance such that any attempt to impose a B & 0 tax would automatically repeal the license Ordinance. Discussion also focused on possible land use violations that may be discovered through the license process. Manager Madsen reiterated the purpose. of the Ordinance is to have more information on the businesses, but it would be unconscionable to allow a business to operate out of a home that presents a tragic hazard to an entire neighborhood. The bettet course of action would be for the City to help fmd an appropriate location for such a business. The Council considered the necessary educational effort that must take place and agreed to provide assistance in visiting service clubs prior to the implementation date of July 1st. Manager Madsen indicated there would be a 6-month grace period to give businesses ample time to seek a license. The opinion was expressed that the City should license only those businesses domiciled in the City at a fair and reasonable fee. . Councilmember. Petersen moved to direct staff to prepare an Ordinance for presentation to the Council, using the concerns expressed by the Council as guidelines in preparing that Ordinance. Councilmember Braun seconded the motion. The question was raised as to whether a public hearing would be conducted. Attorney Bloor responded that a public hearing is.not required, and Manager Madsen indicated it would be an open public meeting. He added that staff would take the Council's guidance in preparing an Ordinance for a first reading May 15th, moving forward to a second reading and adoption on June 51h, with implementation July 1 st. A - 3 - L-3 CITY COUNCIL MEETING May 1, 2007 WORK SESSION: (Cont'd) Business License Ordinance (Cont'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS & PUBLIC COMMENT: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Resolution No. 9-07 OTHER CONSIDERATIONS: Milwaukee Grade Right of Use Agreement with National Park Service question was also asked as to whether this Ordinance would be subject to the Initiative and Referendum process; Attorney Bloor indicated he would research the matter. A vote was taken on the motion; which carried unanimously. . Manager Madsen added a Resolution for Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Project 06-38, as Agenda Item G.1. Councilmember Wharton asked to add discussion on climate change as Agenda Item H.2. Peter Ripley, 114 E. 6t\ #102, indicated he would be submitting his proposal on the "Disability Assistance Trust Organization" (D.A.T.O.) to the Developmentally Disabled Advisory Committee. In addition, he asked the council to seek public input from businesses on the proposed license regulations. . Councilmember Braun lauded the Recreation Division's efforts in bringing numerous tournaments to the City. Deputy Mayor Williams requested information related to return on investment on the tournaments. None. 1. Boating Facilities Program Grant, Ediz Hook Boat Launch Piling Replacement Project 06-38: Public Works & Utilities Director Cutler submitted information on the availability of a grant program to assist in the Ediz Hook Boat Launch Pile Replacement Project through the Inter-Agency Committee (lAC) for Outdoor Recreation. He summarized the grant match requirement of 25%, and the project estimated cost of $145,000. The Finance . Committee forwarded a recommendation for approval by the Council. In response to concern expressed by Councilmember Munro, Director Cutler indicated that staff is reviewing the potential for partial financial support from user groups. Councilmember Petersen clarified that her vote would be tied specifically to the receipt of this grant. Mayor Rogers read the Resolution by title, entitled RESOLUTION NO. 9-07 A RESOLUTION of the City Council of the City ofPort Angeles, authorizing application ~or funding assistance for a Boating Facilities Program (BFP) project to the Interagency Committee for Outdoor Recreation (lAC) as provided in Chapter 79A.25 RCW, Boating Facilities Program. Deputy Mayor Williams moved to pass the Resolution. as read by title, supporting the submission of a resolution for a Boating Facilities Program Grant, Ediz Hook Boat LaunchPiling.Replacement Project 06-38, and authorize allocation of grant matching funds not to exceed $55,000. Councilmember Munro seconded the motion, which carried unanimously. 1. Milwaukee Grade Right of Use Agreement with National Park Service: Director Cutler provided information relative to the National Park Service submitting a request to the City to allow portions of the City-owned Milwaukee Railroad Grade west of the Lower Elwha Road to be used for temporary construction and operation access to the Elwha Water Treatment Plan and Elwha Surface Water Intake construction sites. The proposed agreement was reviewed by the Utility Advisory Committee and recommended . for approval by the City Council. Councilmember Munro moved to approve and -4- L-4 . . . Milwaukee Grade Right of Use Agreement with National Park Service (Cont'd) Climate Change FINANCE: 2007 Contract with Economic Development Council Timber Harvest Contract Award Lower Elwha Klallam Tribe Wastewater Agreement CITY COUNCIL MEETING May 1, 2007 authorize the City Manager to sign an agreement with the National ,Parks Service to allow portions of the City-owned Milwaukee Railroad Grade west of Lower Elwha Road to be used for temporary construction and operation access to the EWTP and ESWI construction sites. Councilmember Wharton seconded the motion, which carried unanimously. 2. Climate Change: Councilmember Wharton addressed the matter of research conducted on what local government can do on climate change. The Association of Washington Cities recommended the City work with ICLEI, Local Governments for Sustainability. She talked toa regional program officer, who expressed a willingness to work with the City as relates to a carbon assessment and budget. Mayor Rogers indicated that, based on a previous discussion on the matter, the Council agreed to retain its focus on current City projects and responsibilities. Councilmember Wharton urged the Council to consider doing a baseline study to be certain efforts are pointed in the appropriate direction. 1. 2007 Contract with Economic Development Council: Mayor Rogers welcomed Patti Morris, 301 Bird Song Place, Vice President of the Economic Development Council, who acknowledged Councilmember Petersen for her service on the EDC Board, as well as Mayor Rogers for her ieadership. She also appreciated City Manager Madsen's efforts toward the agreement on a funding partnership. She indicated the EDC will be working on its goals for economic development, and it looks forward to a closer partnership with the City. Manager Madsen then provided a summary of the contract with the EDC, after which Councilmember Petersen moved to approve and authorize the Mayor to sign the 2007 contract with the ClaUam County Economic Development Council in the amount of $20,000 + $2,500 for in-kind services. The motion was seconded by Councilmember Braun. Discussion ensued, with the Councilmembers expressing a desire to see the Economic Development Council in the forefront of economic development in the community. A vote was taken on the motion, which carried unanimously. On another matter of economic development, Councilmember Petersen reminded the Council of the City's partnership in a microclimate study conducted by Dr. Greg Jones, Biologist, regarding the growing of grapes in the Port Angeles area. She announced that Dr. Jones would be sharing the study results this coming Friday in the City Council Chambers. She expressed appreciation for the City's involvement in this endeavor. 2. Timber Harvest Contract Award: Director Cutler sumnlarized the need to harvest timber on City property acquired from the Department of Defense, property that will be used to constructthe Port Angeles Water Treatment Plant and related facilities. He reviewed bid information, after which Councilmember Munro announced he had no discussions with this contractor or any other potential bidder on the contract. Councilmember Petersen moved to award and authorize the Mayor to sign the contract with Ryfield Properties, Inc., of Port Angeles, in the amount of $23,873.58, for the P A WTP Timber Sale Contract. The motion was seconded by Councilmember Wharton and carried unanimously. 3. Lower Elwha Klallam Tribe Wastewater Agreement: Director Cutler reviewed the proposed agreement with the'Lower Elwha Klallam Tribe for treatment of the Tribe's wastewater because the grQundwater table will increase at the Reservation when the Elwha Dams are removed. He reviewed the agreement in depth, noting it had been discussed and recommended for approval by the Utility Advisory Committee. The language of the agreement was discussed with and approved by the Department of Ecology concerning the CSO and the sewer plan. Discussion followed, - 5- L-5 CITY COUNCIL MEETING May 1, 2007 Lower Elwha Klallam Tribe Wastewater Agreement (Cont'd) CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: ADJOURNMENT: with Director Cutler answering questions posed by the Council. The service will start as soon as deconstruction of the dams commences; however, the Tribe could start service sooner depending on the condition of their septic systems. Deputy Mayor Williams .. moved to approve and authorize the Mayor to sign an agreement with the Lower Elwha KlaUam Tribe to accept wastewater from the Reservation for treatment at the City's Wastewater Treatment Plant. Councilmember Wharton seconded the motion. Brief discussion ensued on pre-treatment requirem~nts, rates, and the Council's appreciation of staff efforts on the agreement. A vote was taken on the motion, which carried unanimously. Councilmember Braun moved to accept the Consent Agenda, to include: 1.) City Council minutes dated April 17, 2007; and 2.) Expenditure Approval List- 4/7 - 4/20- $928,571.27. Deputy Mayor Williams seconded the motion, which carried unanimously. Director Cutler informed the Council of Front Street waterline repairs scheduled for early tomorrow morning. He also referenced a pre-construction conference held on the 8th Street Bridges Project, noting that demolition, which will take approximately 30 days, is estimated to begin on June 11 tn. Regarding the Gateway Project, P~o Construction indicated it is planning to install construction fencing mid to late May, with pile drivings to follow in June. Mass excavation will follow shortly thereafter. The project should be completed in August or September, 2008. Manager Madsen read the succession plan for replacing the Police Chief, and he announced the appointment of Deputy Police Chief Terry Gallagher as Acting Police Chief. He engaged the services of Prothman Company to conduct a nationwide recruitment. None. . The meeting was adjourned at 9:28 p.m. Karen A. Rogers, Mayor Becky J. Upton, City Clerk . - 6- L-6 . . . DiQriR;.JT'r' ANI.. rGr;E;:L( .Erm!:Sr; 1=-'"" " "~ . ,," ,,< ,,". -- j WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL YVONNE ZIOMKOWSKI, FINANCE DIRECTOR ~ NETWORK SECURITY TRAINING REQUEST-ELIZABETH STRAIT FROM: SUBJECT: Summarv: The 2007 Budget includes $35,000 for an external security audit. Attending Network Security Training will allow staff to perform preliminary perimeter testing, which will highlight areas for improvement. The result will be a stronger security foundation prior to the external audit, as well as reduced post-audit and implementation costs. Recommendation: Staff recommends Council approve the costs for Network Security training and travel. Backl!round / Analvsis: Allowing IT Staff to handle preliminary security audits and improvements will result in better utilization of funding for an external audit and help identify areas of concern. The addition of wireless and wired components to the existing network increases the security realm exponentially. The City faces additional security concerns with SCADA and lift station equipment, cameras, web-based applications and expanded facility needs. A benchmark and vulnerability check of existing infrastructure will be immensely helpful to address immediate needs and plan for scheduled infrastructure upgrades. The 5-day class consists of 12-hour days of maximum exposure to both automated and manually executed scans and penetration testing. The course provides hands-on instruction to give students technical skills to conduct penetration testing and security audits, fmd vulnerabilities in networks and systems and close down all of the security breaches, prioritize the vulnerabilities and quantitatively determine the true risk of the security holes. Preliminary approval in the amount of$3,100 was given by the Finance Committee for this training in Seattle. This course was cancelled due to low enrollment. An alternative course is available in Las Vegas. A breakdown of expens'es is as follows: Registration (includes hotel, meals, and all course materials) Travel Total $3,425.00 390.00 $3,8.15.00 This includes a total discount of $1,120.00 (Travel discount $400.00 and government discount (expires 5/31) $720.00) L-7 L-8 . . . . . . F.. ,-.. 'OiR: ~T!."'P;. ". N. rG" i.E~"/Li EISr I .1, 11 ; l I I I, I I I [ I ,i rt!!P~ !, .1" IU' I - - .. t--- .;-_..~ ---.'" _..--~, -."""... -_.._--.,~ WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: May 15, 2007 To: CITY COUNCIL Sherry Wright, Assistant to the City Manage~ FROM: SUBJECT: Appointments to Lodging Tax Advisory Committee Summary: The terms of office on the Lodging Tax Advisory Committee expired as of February 28, 2007. Interviews for the vacant positions were recently conducted by Mayor Karen Rogers, Councilmember Grant Munro and City Manager Mark Madsen, and recommendations for filling the vacant positions are listed below. In addition, the Port Angeles Forward Committee made a recommendation for filling their vacant position on the Lodging Tax Committee. Recommendation: It is recommended that the City Council approve the appointments and reappointments to the Lodging Tax Advisory Committee as set forth below. . Summary: The Lodging Tax Advisory Committee is composed of eleven members, whose terms expired as of February 28,2007. Interested applicants were recently interviewed by Mayor Karen Rogers, Councilmember Grant Munro, and City Manager Mark Madsen. Per the ordinance that established the Lodging Tax Advisory Committee, membership on the committee is structured as follows: . Two City Councilmembers. · Three members who are representatives of businesses required to collect the lodging excise tax. · Three members who are persons involved in activities authorized to be funded by lodging excise tax revenue. .' · Two citizen-at-Iarge members who neither represent businesses required to collect the lodging excise tax nor are persons involved in activities authorized to be funded by the lodging excise tax. · One member who is a representative of the Port Angeles Forward Committee. . . The Port Angeles Forward Committee made a recommendation to fill their vacant position on this committee at their May lOth meeting. The recommendations for filling all eleven vacant positions are listed on the next page. L-9 . L -10 Date: 5/9/2Q07 City of Port Angeles. . City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount DIGITAL IMAGING SOLUTIONS INC RENTAL/LEASE EQUIPMENT 001-5029-521.45-30 237.95 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 -33.59 QWEST 4-14 ale 3604570411199B 001-5029-521.42-10 75.25 4-14 ale 3604576684085B 001-5029-521.42-10 7.40 WASHINGTON (DIS), STATE OF Scan Charges-March 001-5029-521.42-10 11.94 Police Department Records Division Total: $359.45 Police Department Department Total: $4,602.41 DIGITAL IMAGING SOLUTIONS INC RENTAL/LEASE EQUIPMENT 001-6010-522.45-30 69.31 OLYMPIC LAUNDRY & DRY CLEANERS LAUNDRY 001-6010-522.31-01 ' 72.39 PORT ANGELES FIRE DEPARTMENT REFRESHMENTS 001-6010-522.31-01 9.79 CUSTOMER ASSISTANCE FUND 001-6010-522.49-90 10.00 QWEST 4-14 ale 3604570411199B 001-6010-522.42-10 75.25 4-14 ale 3604576684085B 001-6010-522.42-10 7.40 VERIZON WIRELESS 4-15 ale 264230412-00002 001-6010-522.42-10 42.52 WASHINGTON (DIS), STATE OF Scan Charges-March 001-6010-522.42-10 8.97 Fire Department Administration Division Total: $295.63 ADVANCED TRAVEL Command & Control-Fire 001-6020-522.43-10 1,315.36 Bremerton-Patterson 001-6020-522.43-10 160.60 . BLUMENTHAL UNIFORMS & EQUIP CLOTHING & APPAREL 001-6020-522.20-80 167.90 CAPTAIN T'S CLOTHING 001-6020-522.20-80 610.19 Mike Sanders REIMBURSE CLOTHING ALLOWA 001-6020-522.20-80 15.17 PACIFIC OFFICE EQUIPMENT INC COMPUTERS,DP & WORD PROC. 001-6020-522.31-01 134.41 PORT ANGELES FIRE DEPARTMENT TENSION PIN 001-6020-522.31-01 1.14 QWEST 4-14 ale 36045704111998 001-6020-522.42-10 45.15 4-14 ale 36045766840858 001-6020-522.42-10 4.44 SEAWESTERN INC EQUIP MAINT & REPAIR SERV 001-6020-522.31-11 45.59 SUNSET DO-IT BEST HARDWARE MACHINERY & HEAVY HROWARE 001-6020-522.31-01 4.34 THURMAN SUPPLY MASS TRANS,ACCES& PARTS 001-6020-522.31-01 43.25 MASS TRANS,ACCES& PARTS 001-6020-522.31-01 2.45 VERIZON WIRELESS 4-15 ale 664243720-00001 001-6020-522.42-10 70.07 4-15 ale 664211432-00001 001-6020-522.42-10 2.52 WASHINGTON FIRE & SAFETY EQUIP FIRE EXT MAINTENANCE 001-6020-522.31-01. 168.02 Fire Department Fire Supression Division Total: $2,790.60 ADVANCED TRAVEL Fire/81dg Code Trng-O'ubue 001-6030-522.43-10 342.05 Tammy Ziegler REIM8URSE FOR EXPENSES PA 001-6030-522.31-01 108.40 QWEST 4-14 ale 36045704111998 001-6030-522.42-10 15.05 4-14 ale 3604576684085B 001-6030-522.42-10 1.48 VERIZON WIRELESS 4-15 ale 264230412-00005 001-6030-522.42-10 36.40 Fire Department Fire Prevention Division Total: $503.38 PORT ANGELES FIRE DEPARTMENT SUPPLIES 001-6040-522.31-01 53.57 QUILL CORPORATION SUPPLIES 001-6040-522.31-01 75.66 . SWAIN'S GENERAL STORE INC SUPPLIES 001-6040-522.31-01 20.36 Page 5 L -15 Date: 5/9/2007 City of Port Angeles City Council Expenditure Report . From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount Mike Puntenney ATRIUM PLANTS REIM8URSMEN 001-8080-576.31-40 198.66 MORRISON GRAVEL, INC NURSERY STOCK & SUPPLIES 001-8080-576.31-40 787.57 OLYMPIC STATIONERS INC PAPER (OFFICE,PRINT SHOP) 001-8080-576.31-01 6.80 OFFICE SUPPLIES, GENERAL 001-8080-576.31-01 14.63 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 001-8080-576.48-10 5.73 PACIFIC OFFICE EQUIPMENT INC COPYING MACHINE SUPPLIES 001-8080-576.31-01 29.47 PARKER PAINT MFG CO INC PAINTS,COA TINGS,W ALLP APER 001-8080-576.31-20 35.30 PAINTS, COA TINGS,WALLPAPER 001-8080-576.31-20 37.25 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 001-8080-576.31-01 . 263.27 QWEST 4-14 ale 36045704111998 001-8080-576.42-10 15.05 4-14 ale 36045766840858 001-8080-576.42-10 1.48 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 60.08 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 52.63 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-8080-576.31-01 20.08 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 31.01 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 30.07 HAND TOOLS ,POW&NON POWER001-8080-576.31-20 49.72 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 21.52 PAINTING EQUIPMENT & ACC 001-8080-576.31-20 26.07 . PAl NTS, COA TINGS,WALLPAPER 001-8080-576.31-20 17.21 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 15.35 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 47.67 HARDWARE,AND ALLIED ITEMS 001-8080-576.35-01 28.99 HARDWARE,AND ALLIED ITEMS 001-8080-576.35-01 161.84 THURMAN SUPPLY HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 18.89 VERIZON WIRELESS 4-6 ale 264707060-00002 001-8080-576.42-10 214.04 WASHINGTON (DIS), STATE OF Sean Charges-March 001-8080-576.42-10 3.33 WASHINGTON (OASI), STATE OF 1st Qtr 07 Unemployment 001-8080-576.20-60 9,600.74 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 65.46 Parks & Recreation Park Facilities Division Total: $13,628.71 Parks & Recreation Department Total: $19,564.58 AQUATIC SPECIALTY SERVICES WATER&SEWER TREATING CHElV001-8120-576.31-05 . 689.34 BROOKE & ASSOC INC, ROBERT EXTERNAL LABOR 001-8120-576.31-20 60.00 CEO/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 001-8120-576.31-20 31.49 ELECTRICAL EQUIP & SUPPLY 001-8120-576.31-20 7.02 PARKER PAINT MFG CO INC PAINTS,COA TINGS, WALLPAPER 001-8120-576.31-20 125.70 PUGET SAFETY EQUIPMENT INC FIRST AID & SAFETY EQUIP. 001-8120-576.31-20 889.97 RECREONICS INCORPORATED HARDWARE,AND ALLIED ITEMS 001-8120-576.31-20 214.08 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8120-576.31-20 129.47 WATERLESS CO LLC HARDWARE,AND ALLIED ITEMS 001-8120-576.31-20 164.36 Facilities Maintanance Pool Facilities Division Total: $2,311.43 . AMSAN OLYMPIC SUPPLY MOP 001-8130-518.31-01 50.41 Page 8 L -18 Date: 5/9/2007 City of Port Angeles . City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount QWEST 4-16 alc 206T355724768B 001-8130-518.42-10 57.46 Facilities Maintanance Custodial/Janitorial Svcs Division Total: $107.87 ANGELES MILLWORK & LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 8.73 ANGELES PLUMBING INC BUILDING MAINT&REPAIR SER 001-8131-518.48-10 209.22 CED/CONSOLlDATED ELEC DIST INC ELECTRICAL EQUIP & SUPPLY 001-8131-518.31-20 103.44 HARTNAGEL BUILDING SUPPLY INC ACOUST TILE, INSULAT MAT 001-8131-518.31-20 61.92 PARKER PAINT MFG CO INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 14.31 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 108.39 QWEST 4-20 206T813953623B 001-8131-518.42-10 . 53.44 RESTAURANT APPLIANCE SVC INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.31-20 83.95 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 001-8131-518.31-20 8.53 Facilities Maintanance Central Svcs Facilities Division Total: $651.93 Facilities Maintanance Department Total: $3,071.23 General Fund Fund Total: $85,041.21 BREWER, DAVID Contract Services 101-1430-557.49-90 100.00 PORT ANGELES CHAMBER OF COMM 2007 MEDIA PLANNlSITOR C 101-1430-557.50-83 2,687.30 MEDIA CAMPAIGNNISITOR CT 101-1430-557.50-83 2,731.02 MEDIA CAMPAIGNNlSITOR CT 101-1430-557.50-83 4,644.83 . PIER CONSTRUCTION 101-1430-594.65-10 1,520.00 Convention Center Convention Center Division Total: $11,683.15 . Convention Center Department Total: $11,683.15 Lodging Excise Tax Fund Fund Total: $11,683.15 3M MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 327.10 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 490.65 AIRPORT GARDEN CENTER FEED, BEDDING, VIT-AN IMALS 102-7230-542.31-20 17.89 FEED,BEDDING,VIT -ANIMALS 102-7230-542.31-20 17.89 ALPINE PRODUCTS, INC MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,934.06 ANALYTICAL RESOURCES INC MISC PROFESSIONAL SERVICE 102-7230-542.41-50 1,160.00 ANGELES MILLWORK & LUMBER CO LUMBER& RELATED PRODUCTS 102-7230-542.31-20 147.84 MATERIAL HNDLlNG&STOR EQP 102-7230-542.31-20 -16.26 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 100.4 7 BLAKE SAND & GRAVEL INC PW CONSTRUCTION & RELATED 102-7230-542.31-20 . 15.44 PW CONSTRUCTION & RELATED 102-7230-542.31-20 70.73 BREITBACH'S SHARPENING SERVICE MACHINERY & HEAVY HRDWARE 102-7230-542.31-20 113.01 - CARSONITE COMPOSITES MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 765.36 CORNERHOUSE RESTAURANT Meals-Hayduck/Wells 102-7230-542.43-10 22.76 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP. 102-7230-542.31-20 17.00 HAND TOOLS ,POW&NON POWER 1 02-7230-542.35-01 449.65 FASTENERS, FASTENING DEVS 102-7230-542.35-01 34.80 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 80.69 . FLINT TRADING INC MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 12,852.77 FRED HILL MATERIALS INC CONSTRUCTION SERVICES,TRA 102-7230-542.31-20 646.88 Page 9 L -19 Date: 5/9/2007 City of Port Angeles City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 . Vendor Description Account Number Invoice Amount LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 559.38 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 458.74 OLYMPIC STATIONERS INC PAPER (OFFICE,PRINT SHOP) 102-7230-542.31-01 6.80 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 102-7230-542.48-10 5.73 PACIFIC OFFICE EQUIPMENT INC COPYING MACHINE SUPPLIES 102-7230-542.31-01 29.50 PORT ANGELES CITY TREASURER Luneh-Stempin 102-7230-542.31-01 35.08 PUD #1 OF CLALLAM COUNTY SR 101 & Euclid Ave 102-7230-542.47-10 19.64 Lauridsen Blvd & L St 102-7230-542.4 7 -10 16.89 QWEST 4-14 ale 36045704111998 102-7230-542.42-10 45.15 4-14 ale 36045766840858 102-7230-542.42-10 4.44 SHOTWELL CORP, JONATHAN MISCELLANEOUS SERVICES 102-7230-542.49-90 455.28 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 73.07 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 49.94 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 66.33 SWAIN'S GENERAL STORE INC PIPE AND TUBING 102-7230-542.31-25 36.18 VERIZON WIRELESS 4-6 ale 264707060-00002 102-7230-542.42-10 101.21 4-15 ale 764264089-00001 102-7230-542.42-10 2.65 WASHINGTON (DIS), STATE OF Scan Charges-March 102-7230-542.42-10 4.27 WASHINGTON (DOT), STATE OF MANAGEMENT SERVICES 102-7230-542.48-10 455.53 . WASHINGTON (OASI), STATE OF 1 st Qtr 07 Unemployment 102-7230-542.20-60 6,167.29 XEROX CORPORATION RENTAL/LEASE EQUIPMENT 102-7230-542.45-30 65.49 ZUMAR INDUSTRIES INC MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,404.61 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,927.94 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,178.30 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 26.11 Public Works-Street Street Division Total: $32,444.28 Public Works-Street Department Total: $32,444.28 Street Fund Fund Total: $32,444.28 CASCADIA LAW GROUP LEGAL SERVICES-RAYONIER 103-1511-558.41-50 1,067.63 QWEST 4-14 ale 36045704111998 103-1511-558.42-10 15.05 4-14 ale 3604576684085B 103-1511-558.42-10 1.48 Economic Development Economic Development Division Total: $1,084.16 PENINSULA DAILY NEWS COMMUNICATIONSIMEDIA SERV 103-1512-558.44-10 348.65 SEATTLE TIMES, THE ARCHAEOLOGIST RECRUITMENT 103-1512-558.44-10 355.00 Economic Development Archaeologist Division Total: $703.65 Economic Development Department Total: $1,787.81 Economic Development Fund Total: $1,787.81 AHRENS, KENNETH E Rent 107 -5160-528.45-30 700.00 CENTURYTEL 4-6 ale 406063845 107 -5160-528.42-11 147.80 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 107 -5160-528.31-01 195.12 QWEST 4-14 ale 3604570411199B 107 -5160-528.42-10 255.84 . 4-14 ale 3604576684085B 107 -5160-528.42-10 25.15 Page 10 L - 20 Dale: 5/9/2007 City of Port Angeles . City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount QWEST 4-23 ale 206T411918873B 107 -5160-528.42-10 57.46 VERIZON WIRELESS 4-15 ale 864212186-00002 107 -5160-528.42-10 95.38 WASHINGTON (DIS), STATE OF Scan Charges-March 107-5160-528.42-10 43.64 WASHINGTON (OASI), STATE OF 1 st Qtr 07 Unemployment 107 -5160-528.20-60 16.06 Pen com Pen com Division Total: $1,536.45 Pen com Department Total: $1,536.45 Pen com Fund Fund Total: $1,536.45 BAILEY SIGNS & GRAPHICS FACILITY SIGNS 174-8221-574.31-80 785.90 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 174-8221-574.31-01 ' 129.94 OFFICE SUPPLIES, GENERAL 174-8221~574.31-01 97.56 RICOH BUSINESS SYSTEMS-LEASES OFFICE MACHINES & ACCESS 174-8221-574.45-30 44.24 UNITED STATES TENNIS ASSN TENNIS MEMBERSHIP 174-8221-574.49-01 25.00 VANTAGE PRODUCTS INTERNATIONAL BALLFIELD FENCING 174-8221-574.31-80 1,158.80 WA AMATEUR SOFTBALL ASSN SOFTBALL REGISTRATIONS 174-822f-57 4.49~01 1,690.00 Recreation Activities Sports Programs Division Total: $3,931.44 RICOH BUSINESS SYSTEMS-LEASES OFFICE MACHINES & ACCESS 174-8222-574.45-30 44.24 Recreation Activities Special Events Division Total: $44.24 BILL'S PLUMBING & HEATING INC FISHING DERBY 174-8224-574.31-01 365.00 . CINGULAR WIRELESS-CORPORATE 3-28 ale 151388904 174-8224-574.42-10 32.07 PORT ANGELES CITY TREASURER RecXpress Supplies-BR 174-8224-574.31-01 21.75 RICOH BUSINESS SYSTEMS-LEASES OFFICE MACHINES & ACCESS 174-8224-574.45-30 44.24 Recreation Activities Youth/Family Programs Division Total: $463.06 Recreation Activities Department Total: $4,438.74 Recreational Activities Fund Total: $4,438.74 BANK OF NEW YORK-DEBT SVC WIRE PORUTGOREF01-EFT 211-2419-592.81-10 35,568.75 Debt Service 2001 GO Bond-Refunding Division Total: $35,568.75 Debt Service Department Total: $35,568.75 2001 GO Refunding Bonds Fund Total: $35,568.75 BANK OF NEW YORK-DEBT SVC WIRE PORANGREF05-EFT ; 212~2489-592.81-1 0 39,100.00 Debt Service 2005 GO Bond Refunding Division Total: $39,100.00 Debt Service Department Total: $39,100.00 2005 GO Refunding Bonds Fund Total: $39,100.00 CAPACITY PROVISIONING INC TELEVISION EQUIP & ACESS 310-7910-594.65-10 36,827.55 Capital Projects-Pub Wks Cap Improvmt Admin Division Total: $36,827.55 CRESCENT DEVELOPMENT INC ROOK DRIVE 310-7919-594.65-10 6,161.09 GATEWAY INC COMPUTERS,DP & WORD PROC. 310-7919-594.31-60 0.01 COMPUTER HARDWARE&PERIPHI310-7919-594.31-60 1,918.65 COMPUTER HARDWARE&PERIPHI31 0-7919-594.31-80 10.84 COMPUTERS,DP & WORD PROC. 310-7919-594.31-80 168.02 COMPUTER HARDWARE&PERIPHI31 0-7919-594.31-80 677 .50 . Capital Projects-Pub Wks GF-Pub Wks Projects Division Total: $8,936.11 Capital Projects-Pub Wks Department Total: $45,763.66 Page 11 L - 21 Page 13 L - 23 City of Port Angeles City Council Expenditure Report . From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount Electric Utility Fund Fund Total: .' $1,904,920.06 FOWLER COMPANY, H D PIPE FITTINGS 402-0000-141.40-00 75.68 MUELLER CO PIPE FITTINGS 402-0000-237.00-00 -56.79 Division Total: $18.89 Department Total: $18.89 ' AIRPORT GARDEN CENTER SEED,SOD,SOIL&INOCULANT 402-7380-534.31-01 47.69 AMSAN OLYMPIC SUPPLY WATER&SEWER TREATING CHEN402-7380-534.31-05 218.53 ANGELES ELECTRIC INC ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 7.27 BANK OF NEW YORK-DEBT SVC WIRE PORANGWA T98-EFT 402-7380-592.81-10 ' 38,537.75 PORANGWA T03-EFT 402-7380-592.81-10 -57,149.32 EDGE ANALYTICAL TESTING&CALlBRATION SERVI 402-7380-534.41-50 15.00 TESTING&CALlBRATION SERVI 402-7380-534.41-50 50.00 HACH COMPANY SUPPLIES 402-7380-534.31-20 434.55 JCI-JONES CHEMICALS INC WATER&SEWER TREATING CHEN402-7380-534.31-05 1,669.13 WATER&SEWER TREATING CHEN402-7380-534.31-05 -850.00 MORNINGSIDE BUILDING MAINT&REPAIR SER 402-7380-534.48-10 102.60 BUILDING MAINT&REPAIR SER 402-7380-534.48-10 102.60 BUILDING MAINT&REPAIR SER 402-7380-534.48-10 102.60 . MUELLER CO PIPE FITTINGS 402-7380-534.34-02 732.79 OLYMPIC STATIONERS INC PAPER (OFFICE, PRINT SHOP) 402-7380-534.31-01 6.76 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 402-7380-534.48-10 5.73 PACIFIC OFFICE EQUIPMENT INC COPYING MACHINE SUPPLIES 402-7380-534.31-01 29.47 COMPUTER HARDWARE&PERIPHI402-7380-534.31-20 10.83 PUD #1 OF CLALLAM COUNTY Reservoir Rd 402-7380-534.47-10 216.13 Crown Z Water Rd 402-7380-534.4 7-10 13.89 QWEST 4-14 ale 3604570411199B 402-7380-534.42-10 15.05 4-14 ale 3604576684085B 402-7380-534.42-10 1.48 4-23 ale 206T 411255315B 402-7380-534.47-10 64.27 S & B INC DATA PROC SERV &SOFTWARE 402-7380-534.41-50 326.40 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 3.98 FASTENERS, FASTENING DEVS 402-7380-534.31-01 11.93 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 . 29.24 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-01 172.36 TWISS ANALYTICAL LABORATORIES TESTING&CALlBRATION SERVI 402-7380-534.41-50 145.00 TESTING&CALlBRATION SERVI 402-7380-534.41-50 125.00 WATER&SEWER TREATING CHEN402-7380-534.41-50 21.00 TESTING&CALlBRATION SERVI 402-7380-534.41-50 145.00 VERIZON WIRELESS 4-15 ale 264214908-00002 402-7380-534.42-10 39.10 4-15 ale 264214908-00001 402-7380-534.42-10 38.20 WASHINGTON (DIS), STATE OF Scan Charges-March 402-7380-534.42-10 5.93 . XEROX CORPORATION RENTAL/LEASE EQUIPMENT 402-7380-534.45-30 65.49 Public Works-Water Water Division Total: $99,812.07 Page 15 L - 25 Date: 5/9/2007 . Date: 5/9/2007 City of Port Angeles City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 Vendor ORKIN EXTERMINATING COMPANY INC PACIFIC OFFICE EQUIPMENT INC QWEST WASHINGTON (DIS), STATE OF WASTE CONNECTIONS/RECYCLING Public Works-Solid Waste ACME SEPTIC PUMPING KATHOL CONSTRUCTION Tom McCabe . OLYMPIC STATIONERS INC SWAIN'S GENERAL STORE INC TAYLOR-SPARKS REFRIGERATION INC WASTE CONNECTIONS/RECYCLING XEROX CORPORATION Public Works-Solid Waste PARAMETRIX INC Public Works-Solid Waste ASPECT CONSULTING, LLC Public Works-WW/Stormwtr FIRST LINE LLC BLUMENTHAL UNIFORMS & EQUIP CAPTAIN T'S CLALLAM CNTY EMS FIRST LINE LLC JOHN HALL Mark Karjalainen Sharon Cordery MOROZ, JAMES OLYMPIC MEDICAL CENTER QWEST . SYSTEMS DESIGN NW INC VERIZON WIRELESS Description POISONS:AGRICUL & INDUSTR COPYING MACHINE SUPPLIES 4-14 ale 3604570411199B 4-14 ale 3604576684085B Scan Charges-March MISCELLANEOUS SERVICES Solid Waste-Collections Public Works-Solid Waste Account Number 404-7580-537.41-51 404-7580-537.31-01 404-7580-537.42-10 404-7580-537.42-10 404:7580-537.42-10 404-7580-537.41-51 Division Total: Department Total: Invoice Amount 5.73 29.47 75.25 7.40 24.73 40,078.98 $40,228.36 $40,228.36 $40,228.36 ~. 220.00 2,031.38 450.00 54.59 32.81 1,853.64 953.19 65.49 $5,661.10 4,193.42 $4,193.42 $9,854.52 $9,854.52 7,008.62 $7,008.62 $7,008.62 $7,008.62 -35.70 -$35.70 -$35.70 48.36 961.81 600.00 460.70 13.01 89.87 50.00 50.00 81.20 15.05 1.48 4,184.21 72.26 Solid Waste-Collections Fund Total: EQUIP MAINT & REPAIR SERV 405-7538-537.41-51 MISCELLANEOUS PRODUCTS 405-7538-537.44-10 NW NAHMMA CONFERENCE TOM 405-7538-537.43-10 OFFICE SUPPLIES, GENERAL 405-7538-537.31-01 SUPPLIES 405-7538-537.31-01 ENVIRONMENTAL&ECOLOGICAL 405-7538-537.48-10 MISCELLANEOUS SERVICES 405-7538-537.41-51 RENT AULEASE EQUIPMENT 405-7538-537.45-30 SW - Transfer Station Division Total: LANDFILL ENGINEERING 405-7585-537.41-50 Solid Waste-Landfill Public Works-Solid Waste Solid Waste-LF/Trf Stn Division Total: Department Total: Fund Total: STORMWATR PERMIT PETITION 406-7412-594.41-50 Stormwater Public Works-WW/Stormwtr Stormwater Fund Division Total: Department Total: Fund Total: HOSP SURG ACCES & SUNDRIS 409-0000-237.00-00 Division Total: Department Total: CLOTHING & APPAREL 409-6025-526.20-80 CLOTHING 409-6025-526.20-80 Medic I Advisory 409-6025-526.41-50 . HOSP SURG ACCES & SUNDRIS 409-6025-526.31-13 REIMBURSE CLOTHING ALLOWA 409-6025-526.20-80 REIMBURSE CLOTHING ALLOWA 409-6025-526.20-80 CPR CLASS 4/15/07 409-6025-526.31-08 EDUCATIONAL SERVICES 409-6025-526.31-08 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 4-14 ale 3604570411199B 409-6025-526.42-10 4-14 ale 3604576684085B 409-6025-526.42-10 FINANCIAL SERVICES 409-6025-526.41-50 4-15 ale 264395724-00001 409-6025-526.42-10 Page 17 L - 27 . City of Port Angeles City Council Expenditure Report From: 4/21/2007 To: 5/4/2007 Date: 5/9/2007 Description Account Number AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 J.P. MORGAN PROPERTY EXCHANGE, INIREAL PROPERTY,RENT/LEASE 501-7630-594.64-10 JACOBSEN TRAilER, INC AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 JENNINGS EQUIPMENT INC AUTO & TRUCK MAl NT.. ITEMS 501-7630-548.48-10 MATCO TOOLS AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10. AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 BUILDING MAINT&REPAIR SER 501-7630-548.48-10 BUILDING MAINT&REPAIR SER 501-7630-548.48-10 BUILDING MAINT&REPAIR SER 501-7630-548.48-10 AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 AUTO & TRUCK MAINT.ITEMS 501-7630-548.48-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 4-26 ale 975491337 501-7630-548.31-01 PAPER (OFFICE, PRINT SHOP) 501-7630-548.31-01 ORKIN EXTERMINATING COMPANY INC POISONS:AGRICUL & INDUSTR 501-7630-548.48-10 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 COPYING MACHINE SUPPLIES 501-7630-548.31-01 Fuel-EQ0015 501-7630-548.32-10 Fuel-EQ0028 501-7630-548.32-10 Fuel-EQ0029 501-7630-548.32-10 Fuel-EQ0034 501-7630-548.32-10 Fuel-EQ0035 501-7630-548.32-10 Fuel-EQ0036 501-7630-548.32-10. Fue/-EQ0040 501-7630-548.32-10 Fuel-EQ0042 501-7630-548.32-10 Fuel-EQ0043 501-7630-548.32-10 Fuel-EQ0044 501-7630-548.32-10 Fuel-EQ0045 501-7630-548.32-10 Fuel-EQ0046 501-7630-548.32-10 Fuel-EQ0053 501-7630-548.32-10 Fuel-EQ0054 501-7630-548.32-10 Fuel-EQ0095 501-7630-548.32-10 Fuel-EQ0138 501-7630-548.32-10 Vendor GROENEVELD USA INC HUGHES FIRE EQUIPMENT INC MORNINGSIDE MURRAY MOTORS INC NAPA AUTO PARTS . NEXTEl COMMUNICATIONS OLYMPIC STATIONERS INC OVERAll lAUNDRY SERVICES INC OWEN EQUIPMENT PACIFIC OFFICE EQUIPMENT INC PETTIT Oil COMPANY . Invoice Amount 64.20 9.13 4,542.36 257.98 150,018.66 11,191.61 218.58 175.66 185.09 19.02 102.60 102.60 102.60 1,147.31 37.67 40.76 7.56 290.49 8.86 75.00 36.42 6.80 5.73 130.59 452.80 29.48 75.92 75.06 97.17 120.85 77.73 221.76 77.36 406.61 124.13 212.40 203.85 39.47 60.63 192.21 173.79 39.78 Page 19 L - 29 Date: 5/9/2007 City of Port Angeles City Council Expenditure Report . From: 4/21/2007 To: 5/4/2007 Vendor Description Account Number Invoice Amount R & B SUPPLY CO., INC. AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 240.58 RICHMOND 2-WAY RADIO AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 70.46 EXTERNAL LABOR SERVICES 501-7630-548.48-10 65.04 EXTERNAL LABOR SERVICES 501-7630-548.48-10 65.04 RUDDELL AUTO MALL AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 19,852.27 SCHNEIDER TRUCKING INC EXTERNAL LABOR SERVICES 501-7630-548.48-10 240.00 SUNSET DO-IT BEST HARDWARE AUTO SHOP EQUIPMENT & SUP 501-7630-548.34-02 54.67 AUTO SHOP EQUIPMENT & SUP 501-7630-548.34-02 46.51 AUTO SHOP EQUIPMENT & SUP 501-7630-548.34-02 1.34 AUTO SHOP EQUIPMENT & SUP 501-7630-548.34-02 45.35 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 26.83 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 3.71 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 5.25 AGRICULTURAL EQUIP&IMPLEM 501-7630-594.64-10 5,804.95 WASHINGTON (DIS), STATE OF Scan Charges-March 501-7630-548.42-10 12.85 WESTERN EQUIPMENT DISTRIB INC LAWN MAINTENANCE EQUIP 501-7630-594.64-10 27,675.25 XEROX CORPORATION RENTAULEASE EQUIPMENT 501-7630-548.45-30 65.49 Public Works-Equip Svcs Equipment Services Division Total: $232,870.25 . Public Works-Equip Svcs Department Total: $232,870.25 Equipment Services Fund Total: $233,091.42 ANGELES COMMUNICATIONS INC COMM LINES ADDED CORPYARD 502-2081-518.41-50 61.0.12 ANGELES MILLWORK & LUMBER CO MATERIALS FOR REPL DOOR/W 502-2081-518.35-01 53.77 . BUILDING MATERIALS 502-2081-518.35-01 50.77 BUILDING MATERIALS 502-2081-518.35-01 11.62 CALENCE LLC Smart net 502-2081-518.48-02 -234.39 COMPUTERS,DP & WORD PROC. 502-2081-5.18.48-02 2,874.56 Smart net 502-2081-518.48-02 234.39 Smart net 502-2081-518.48-02 -234.39 COMPUTERS,DP & WORD PROC. 502-2081-518.48-02 -2,874.56 COMPUTERS,DP & WORD PROC. 502-2081-518.48-02 3,108.95 CCI SOLUTIONS VIDEO DISTRIBUTOR 502-2081-518.31-60 272.63 Gary Brooks BATTERIES 502-2081-518.31-01 . 36.50 SURGE PROTECTORSISHELVING 502-2081-518.31-01 115.60 SHELVING UNITS 502-2081-518.31-01 72.25 PORT ANGELES CITY TREASURER Office Supplies-Matthews 502-2081-518.31-01 9.15 Hardware-Brooks 502-2081-518.31-01 17.00 QWEST 4-14 ale 3604570411199B 502-2081-518.42-10 45.15 4-14 ale 3604576684085B 502-2081-518.42-10 4.44 SUNGARD HTE INC CONTACT MGMTIWF BUS ANALY 502-2081-518.43-15 2,565.52 THURMAN SUPPLY BUILDING MATERIALS 502-2081-518.35-01 9.30 . VERIZON WIRELESS RADIO & TELECOMMUNICATION 502-2081-518.42-10 71.11 VP CONSULTING INC LASERFICHE CONFIGS & TECH 502-2081-518.41-50 2,121.76 Page 21 L - 31 Page 24 L - 34 . . . . DATE: To: FROM: SUBJECT: ~. '...ORT~. N' ,: ; V" ,.... -r .;-' . ,~ I.) i' )':j' I' / ......... : I \. ~ ~,..,_ .. _"H ... _. \_ ! 1 '. .. - ~. E.....'L1...' E'.. '.8. . " i' - 1 E:!~~JI:li'.~ WAS H I N G TON, CITY COUNCIL MEMO U. S. A. May 15, 2007 CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities ~ ~ GridWise™ Project Electric Meter Transfer Agreement Summary: The City participated in the U.S. Department of Energy's Olympic Peninsula,GridWise™ Appliances Demonstration Project. As part of the project, advanced metering equipment was provided. Now that the project is complete, it is proposed that ownership of the advanced meters is transferred from the federal government to the City. Recommendation: Authorize the Public Works and Utilities Director to sign an agreement to transfer ownership of advanced meters to the City. Background/Analysis: The City and forty-seven of its electric customers participated in the U.S. Department ofEn,~rgy's Olympic Peninsula GridWise™ Appliances Demonstration Project. The City's role in the demonstration proj ect was limited to that of a host utility. We provided the Department of Energy's research contractor, the Pacific Northwest National Laboratory, with a residential customer base to conduct their experiment on and provided our customers the opportunity to participate in an experiment of national significance. The final project report is anticipated within the next few months. Now that the project is complete, the U.S. Department of Energy is offering to transfer ownership of the advanced metering equipment to the City. Although the City is not likely to use the advanced features of the metering equipment at this time, the meters can continue to be used to record energy consumption for utility billing purposes. On May 8, 2007, the Utility Advisory Committee supported the recommendations herein. The City Attorney has not yet completed his review of the proposed agreement and minor modifications (e.g., missing acceptance block, effective date, etc.) to the agreement are necessary. N:\CCOUNCIL\FINAL\Gridwise Meter Transfer Agreement.doc L - 35 L - 36 . . . . 2007 January - March Quarterly Report 7 D..... rIr1. i AN.. \ ". 'r"Gr I. E" ..". '...S.'-" ." : ji/..Il! ,/ \ I I (.... i.. i : Ii.. .... ) ~_,""._""_ """';.>' ~...",..,v___' ,.m"",", ........,u""','...-,'~.,_,_ .... ,,~^.,,'}' ~ ~w...."".c>=w.'_<'''~___ ~,_~".",,~"~_'" ,....>.r Fr, ';1" .~R"" Dr 'E'" .... IJ A ~;,.,.. ~Lj!..J...J..:~j _~....L)..J..I.."J M~/.;.. . It is the purpose of the Port Angeles Fire Department to improve the quality of life for the citizens and visitors of the City while providing a broad range of services designed to save lives and property. . The Port Angeles Fire pepartment Auxiliary hosted a pancake breakfast in March, serving over 1,200 and collecting enough money to provide three scholarships to local students. Each recipient will be will be focusing their education on the fire service or emergency medical field. Pluggy provided entertainment. M -1 P AFD Quarterly Report, January - February - March, 2007 Page 1 of 5 P AFD Quarterly Report Januar - Februar - March 2007 . Operations 2005 2006 2007 % increase or decrease over prevIOUS ear Total number of calls to date 229 269 Total Medic I patient contacts to date 179 217 Total number of volunteer firefighters 149.5 108 153 41.6 T hours of service to date ~ Average daily responses per crew this 7.3 8.6 11.3 31.3 T month February, 2007 Operations 2005 2006 2007 % increase or decrease over previous year Total Medic I patient contacts to date 506 640 . Total number of calls to date 417 513 Total number of volunteer firefighters 160.5 208 304 46.1 T hours of service to date Average daily responses per crew this 7.7 8.6 10.2 18.6 T month March, 2007 Operations 2005 2006 2007 % increase or decrease over previous year Total number of calls to date 721 784 Total Medic I patient contacts to date 604 643 Total number of volunteer firefighters 253.5 352 548 55.6 T hours of service to date Average daily responses per crew this 8 8.9 11.3 26.9 T month . M -2 P AFD Quarterly Report, January - February - March, 2007 Page 2 of 5 . Operations We have taken delivery of a new ambulance.. We worked closely with Equipment Services to develop a set of vehicle specifications that met our needs and we are very happy with the new ambulance. The new specifications were almost an exact duplicate of our last ambulance. We will be retiring an ambulance that is 21 years old. Ambulances are a critical asset and we have to ensure that they are as reliable and up-to-date as possible. Weare also working with Equipment Services to develop bid specifications for a neW mediuin- duty rescue vehicle. This new vehicle will incorporate $60,000 worth of breathing air compressor equipment obtained through a federal grant. This rescue vehicle will replace two existing utility vehicles that are beyond their useful lifespan. We are well into the functional consolidation of our volunteer firefighter program with Clallam County Fire District #2. So far the consolidation has met our expectations and we are quite happy with the progress to date. We continue to have weekly planning meetings and we are currently working on plans for sharing equipment and space. This has been a huge step forward for both organizations and we see it as the first step towards an eventual consolidation of the departments. Weare already seeing indications that this initial functional consolidation has resulted in improved emergency response. . We have entered into a joint project with Clallam County Fire District #2 and the Peninsula College Center for Academic Excellence. This joint project will utilize the services of the College to develop mapping that pinpoints geographic locations of our incidents for the past two years. Utilizing this Geographic Information Systems (GIS) data, we will be able to plot our incidents and determine our response times throughout the City and the Fire District. This information will enable us to plan for the future - including possibly locating future fire station locations based upon response data and future growth. Prevention 2006 2007 Fire and life safety inspections to date 118 136 Permits/Plan reviews to date 13 2 Number of fire investigations performed to date 0 1 Number of public education contacts to date 2 10 January, 2007 . M - 3 P AFD Quarterly Report, January - February - March, 2007 Page 3 of 5 Fb 2007 . e ruarv, Prevention 2006 2007 Fire and life safety inspections to date 227 230 PermitsIPlan reviews to date 22 15 Number of fire investigations performed to date 1 1 Number of public education contacts to date 33 101 Prevention 2006 2007 - Fire and life safety inspections to date 380 274 PermitsIPlan reviews to date 29 15 Number of fire investigations performed to date 2 3 Number of public education contacts to date 33 169 March, 2007 Prevention The prevention bureau continues to stay extremely busy. We have been very involved in the . development of a number of major projects within the City. We are just finishing up with two huge projects - the remodel and addition at Olympic Medical Center and the new Science and Technology Building at Peninsula College. . On the heels of these projects are several more large projects - the new water treatment plant for the City, a new Walgreen's drugstore, a large structure at the Independent Bible Church and a new Library/Admin Building at Peninsula College. All of these are in addition to a number of smaller projects throughout the City - including several new housing developments. This continues to be a busy time for construction. Weare preparing to submit an application for a new federal grant, an $80,000 request for all new fire fighting protective gear - the equipment that we refer to as "turnouts." These are the heavy coats, boots and pants that protect firefighters in hostile environments. Turnouts are subject to enormous amounts of heavy use under adverse conditions. Within the limitations of the budget we try to maintain our turnout gear in the best possible condition at all times. Ifwe are successful with this grant application, we will be able to replace our turnouts in anticipation of new mandates. . M -4 P AFD Quarterly Report, January - February - March, 2007 Page 4 of 5 . anuary, Trainin2 2006 2007 Career personnel: Total number of training hours to date 175 193 (20 career firefighters) Volunteer personnel: Total number of training hours to date 54.5 586 (21 volunteer firefighters) (61 vol f1) Number of citizens trained in CPR to date 14 30 Number of citizens trained in first aid to date 8 19 J 2007 . e ruary, Training 2006 2007 Career personnel: Total number of training hours to date 439 263 (20 career firefighters) Volunteer personnel: Total number of training hours to date 144.75 644 (21 volunteer firefighters) (61 vol ff) Number of citizens trained in CPR to date 72 30 Number of citizens trained in first aid to date , 30 19 F b 2007 Training 2006 2007 Career personnel: Total number of training hours to date 621.5 204 (20 career firefighters) Volunteer personnel: Total number of training hours to date 320.75 592.5 (21 volunteer firefighters) (61 vol f1) Number of citizens trained in CPR to date , 203 82 122 " 55 Number of citizens trained in first aid to date March, 2007 Training . We continue to train closely with Clallam County Fire District #3 with Technical Rescues. Members of both departments meet monthly at various locations throughout the County to train on specialized skills for trench rescues, confined space rescues, building collapse rescues and rope rescues. This technical training provides members with the skills necessary to deal with events that require an advanced level of expertise. We have had a number of very successful drills here in the City, including drills on an oil tanker and on a large Coast Guard vessel. In a joint training endeavor, we have instituted video conferencing between P A and Sequim for our paramedics. Every month, the Clallam County Medical Program Director provides training for paramedics from P A Fire and Clallam County Fire District #3 in Sequim. We have just M - 5 P AFD Quarterly Report, January - February - March, 2007 Page 5 of 5 started providing that training via video conferencing and the results have been very well received. The video conferencing saves time and money. In February, Chief McKeen and Assistant Chief Dubuc attended the first ever Olympic Peninsula Fire Chiefs conference. The conference provided chief officer-level training in topics such as: personnel issues; communications; homeland security and tactics. This was a great conference and we look forward to participating again next year. The entire Department has come together to assist with the first ever Port Angeles Police/Fire Citizens Academy. This Academy has brought together a nUmber of influential persons from throughout the community and provided an in-depth look at how the Police and Fire Departments operate. Feedback to date has been extremely positive and it appears that the attendees are coming away with a better idea about what it is that we do on a daily basis. Personnel Through the consolidation of volunteer firefighter programs with Clallam County Fire District #2, we have essentially added over 50 new volunteer personnel into the Department! We know all of these personnel, we have worked with them for years and we are extremely pleased to welcome them into our organization! M - 6 . . . · [("~(;'?:;c"ki'L'!~~;!f';Yi::' . :L,.-)~':'::t, ;;~~<'s':t.. -;;,1 .' " ~: o,? ;~d:::~2~~.(_;;'_~;{ ,.~J~~,..~,;~,'...iL.~t.j_:1!;~L:j~~.,;L:'.:~;;~i:~Lt2'.J.~~;:,~tL;i::.:~::-,.L~ i~.: :~., _t~i.__",,':. WATER DEMAND ,;'" i ~';'..i": ~>~< . . M -7 . Recycling . 4.8% PW 6UOUA,RTEAlY REPORT 2OIl1.5/Y2aa7 i-': ~ > i M - 8 . . . PUBLIC WORKS & UTILITIES DEPARTMENT QUARTERLY REPORT Installed 13 new water services; responded to 172 customer/meter reader requests Repaired 11 water service leaks; performed 198 utility locates; Repaired fourteen 2", one 6", and two 8" water main breaks Replaced 120 5/8", eleven 3/4", three 1", four 1.5", three 2" & four 3" water meters Replaced one 12"x2" cross due to break in 12" water main' Leak detection by HU9hes Utility Service found 10 leaks; 5 have been fixed Moved one 2" blow-off due to construction of bldg @ DelGuzzi Dr. & Hwy 101 E. Repiaced 2 fire hydrants destroyed in vehicle accidents & inspected 2 more Various jobs related to la ind and rain storms Performed monthiy preventative maintenance checks at all Lift Stations Conducted utility locates and dye testing for directional flows as requested Assisted with drain maintenance during storm events & cleaned catch basins Cleaned inside of electricai conduit with Vactor truck for Light Ops on Railroad Ave Cleaned all pump station wet wells; Placed rat bait In manholes at basin #7 Inspected CSO sites; Two broken sanitary sewer mains repaired by contractor Responded to many power outage alarms due to high wind storm events Began training Utility Worker on all equipment in Wastewater Collections, to include training on Wastewater Pump Stations NPDES report showed plant design loadings exceeded in January due to storms Worked with local dischargers on pretreatment issues and did some inspections Performed process control on secondary treatment system Completed monthly 0 & M on leachate collection and treatment systems Conducted CSO sampling and inspections per new Pollution Prevention Plan Submitted annual lab recertification and Biosolids reports to state and county Attended Pacific Northwest Clean Water Association Olympic section meeting Staff attended flagging class; Superintendent attended class on Capital Facilities Submitted 2006 PALF groundwater monitoring report to DOE and County Cole Industrial repaired and adjusted WWTP boiler; Del Hur repaired leaking flange Installed demo radar unit on the floating cover digester for 2 week trial Vehicle Accident Prevention Program in review; Vehicle surplus conducted Working on Kelly Walker certification test; Automated Fuel Island installed Wrecked garbage truck In for repair at Western Peterbilt in Seattle Purchased Parks Aerator and Wastewater Treatment Plant Trommel Screen Ordered: Fire Dept. 4x4 Ex! Cab P/U Fire Dept. F-550 Chassis Cab Parks Top Dresser Code Enforcement4x4 Ext Cab P/U Streets Slide-in Sander Streets F-450 Chassis Cab Streets Utility Box for F-450 Equipment Services Drop Body Trailer Water Decant Box WWTP 4x4 Crew Cab Midsize P/U WWTP Decant Box Archeologist 4x4 Ext Cab P/U Grinder Streets Broom Attachment 50 services were connected; 51 streetlights were repaired 364 electrical inspections and 174 locates were completed Continuing repairs to the Plaza underground cable failure December storm restoration involved most of our attention during January and February Melody Lane and Valley Reserve subdivisions are in progress Both apprentices experienced extensive training at Rilea Training Center Awarded Contract to Lincoln Industries for Decant Facility Chute Blue Mountain and Regional Transfer Station drop box recycling: 262 tons Tons collected: 297 recycling, 94 yard waste, 133 cardboard, and 61 glass Joint Solid Waste Advisory Board meetings; Decant facility permit application Compost and Landfill Annual Reports to DOE and Clallam County Solid Waste Advisory Committee meetings; Public Works Safety meetings Hired new staff for Scales & Colfections;.Attended Compost marketing seminar Quarterly meeting with Waste Connections; Set rates for Compost sales Repaired asphalt and concrete utility cuts; Patched potholes citywide Storm clean-up and Lincoln Park/Big Boy Pond watch; Locus trees at City Hall Repaired sidewalk trip & fall sites; Major windstorm,clean up citywide Removed original Erickson Park restroom foundation; Storm water maintenanCE Attended National Recreation & Parks Association Conference Met with various baseball and softball user groups; Worked on Shane Park BollI Assisted with burials, ground maintenance; and equipment servicing at Cemetel Citywide clean up; snow plowing, sanding, and anti-icing during storm Citywide-mowed/graded/graveled/ground/educted/sweptlapplied herbicide Repaired slides at Hill St., North Ennis St., and on the Waterfront Trail Performed shoulder maintenance on streets citywide Fixed fencing at Erickson Playfield; Installed new fence by Cemetery office Beautification - Continued maintenance of plantslfiowers and plants in the atriur Sports maintenance - Prepared Civic, Volunteer, & Lincoln for baseball & soccel General sign, building, and key maintenance, and curb painting - citywide Completed installation of bollards at Shane Park; Loomis restroom construction Performed traffic control for various Street maintenance activities Tide flex valve repair on the Waterfroni Trail by the Red Lion Repaired culverts and catch basins; Trained new employees on grader Repaired Edlz Hook floats and installed the west section; Garbage pickup on 10 Poured concrete base for light standard for Light Ops security camera project Monthly crew safety meetings; Tailgate safety meetings at job sites 8th Street Bridge Replacement bids opened Edlz Hook Boat Launch Pile Replacement support Elwha Dam removal mitigation support Senior Center design support Gateway Project awarded Aerial Mapping completed Dry Creek Bridge / Trail support Peabody Street Rebuild design City Hail Space Study completed Eastern UGA Sewer Extension awarded Light Operations Relocation study completed Eastern Entrance Sidewalk design Francis Street Sewer Design support Downtown Phase 111 and Laurel Street Sidewalk design support Subdivision Reviews support Combined Sewer Overflow support Firing Range Berm construction completed Landfill Shoreline Stabilization construction support Landfill Closure design completed M -9 Public Works & Utilities Recreation Division Activities First Quarter 2007 January 1 - March 31 . On-going Senior Pickleball · Elks Hoop Shoot Competition . Line Dance Lessons · Country Western Dance Lessons . Martin Luther King Youth Basketball Tournament . Serenity House Dream Center Organizational Fair . Franklin School Sock Hop . Hot Spots Competition . Just Dolls of Washington - Doll Show & Sale . North Olympic Youth Baseball Association Registration . Private Wedding . Puget Sound Blood Drive . Presidents' Day Youth Basketball Tournament . AAU Basketball practice sessions . Port Angeles Symphony Auction . Spring Hoop Shoot Youth Basketball Tournament . Kiwanis Kid's Fest . Recreation's Haywire Dance . 55 Alive Defensive Driving Classes . Retired Kiwanis . Amalgamated Transit Union Meeting . State Board of Industrial Appeals . Olympic Paddlers (Kayak group) . Peninsula Land Trust Meetings . After School Rec X'Press . Recreation: Softball,' Basketball meetings . Parks, Recreation & Beautification Commission . Olympic Roundup Meeting . Clallam County - Various Meetings & Workshops . Port Angeles Swim Club . Juan de Fuca Festival of Arts Meeting . North Olympic Baseball Association . Peninsula Trails Coalition . Youth Soccer Board Meeting . Recreation X'Press Program . Ski Management Meeting . Council Chat Times . Ostomy Support Group . Junior Babe Ruth Registration . Fine Arts Center . Evergreen Rural Water Classes . Governor's Committee on Disabilities . Exhibition: Art Outside . Exhibition: Retrospective 20, Part I . Exhibition: Strait Art 2007 . ArtPaths Education Program Approximately 491 served . Event: Reading, Landscapes of Home . Event: Retrospective Part II, Opening Reception . Event: Lecture, Jake Seniuk . Event: Peninsula Life Magazine Reception . Event: Docent Training . Meetings: Trustee Board, Friends Board, Gala Committee . Outreach Programs: Chamber of Commerce Meeting, Clallam Art League Meeting, First Federal Meeting . 233 individuals volunteered their time. . New Years Day Dinner Dance - 80 participants . Readers Theatre -75 participants . 11 Educational Programs - 535 participants . 14 Health Programs - 801 participants . 18 SociallRecreation Programs - 2,873 participants . Super Bowl Party - 8 participants . Valentine Party - 60 participants . Valentine Dance -100 participants . St Patrick's Day Party - 26 participants . Educational Programs - 1,821 participants . Health Programs - 2,511 participants . Social/Recreation Programs - 8,695 participants . Volunteer Hours - 5,682 . Volunteers - 428 participants . Memberships: City - 602 County - 306 C:\DOCUME-l \lgunders\LOCALS-l \Temp\XPgrpwise\lst Quarter 2007.doc M -10 After School Program - 46 kids enrolled Pre-K Play Zone - averaged 30 per week Line Dance Lessons - averaged 20 per class Country Western Dance Classes - - average 005 couples per class Haywire Dance (March 31) - 80 participants . Water Aerobics, Deep Water, Combo Aerobics, and Water · Walking Classes · . Masters Program . . Kids Day - 9 participants . . Grade School Lesson Program -1,168 Participants . Pre-school Program -1,315 Participants · . Parent/Tot Program - 26 pair . Adult Lessons . Private Lessons . Port Angeles Swim Club . United State Coast Guard Rescue Swimmers . Port Angeles High School Swim Meets: January and February . P AHS Disabled Swim Classes . Fall/Winter Swim Lesson Registration Began . Extra swim time during the Holidays . Pickle Ball- 44 Participants Adult Co-Ed Volleyball- 86 participants 46 City; 40 non-City residents Adult Basketball- 116 participants 50 City; 66 non-City residents U-14 Volleyball Tournament - 20 teams · Martin Luther King Youth Basketball Tournament - 37 teams · Youth Swim Meet - 187 participants HotSpots Youth Basketball Skills Competition - 24 · participants Presidents' Day Youth Basketball Tournament - 64 teams Spring Hoopfest Youth Basketball Tournament - 33 teams . . . . . . . . Nothing scheduled . City Council Meetings . Planning . Board of Adjustments . Utilities Advisory Committee . Clallam County Dill Victims Panel . Department of Revenue . Clallam County Workshops: Health & Human Resources Public Health Workshop Historical Society Lectures . Multi Cultural Meeting . Department of Labor . P AFD CPR Training . GPR (Oil Spill) Workshop . Governor's Committee on Disabilities . C:\DOCUME-l \lgunders\LOCALS-l \Temp\XPgrpwise\l st Quarter 2007.doc M -11 M -12 . . . . . . DE;~~~mlVl'FN~).~fi;,<;:,~M,l\IIlJ~!}Wi;PIi~'Fl::g'MENffi~;i~~i&,i:2j:,,!f;!~}~~,c.: ., ";,"," BUICBING}!DIVISION~M(l).NJiHLY:P,ERMI;rfREPO,R1:,~!:.:;;,~.j'i[\.:N, ""i.,"" IAPRIL ." 20071 <.;ATEliURY JAN, FEB. MAR, APR, MAY JUNE JULY AUG. SEPT. OCT. NvV. OEC. .. 20U7 YTIr ~UUij 'TO RESIDENTIAL.NEW MODULAR / MOBILE ................................... ................................. ................................... 2 .............................. .............................. ............................... .............................. ............................. ............................... ............................. ............................ 2 3 .......................V;;iiie....................... .......h76,.54Cr...... ........$176;540......... ..........$1z8';814........... SINGLE FAMILY 10 6 5 5 .............................. .............................. .............................. .............................. ............................. .............................. ............................. ............................ 26 17 .......................Ve'iue....................... .......Ti.ii'i'if9ii4"'..... .....fi;'10:9;.870...... .........$"ii38;23'4........ .......r98'ii...iii',........ .....$3;6O'ij-;i.49....... ""'$Z;S1Uiif""'" MUL TI-FAMIL Y 1 ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................ ............................ 1 2 .......................Vi;iue....................... ........T8'4:.00rj......... ........$84;iiO'o........... .......$1';O'63}15........ ACCESSORIES 1 12 4 5 .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 22 5 .......................v;iiue....................... .........Fi'ii..73if....... .......$'i37:'39iY'..... ........"$.iii.ooif........ .......T6:9;.664......... ........$Z8'1;192........ .........$99)'60'.......... COMMERCIAL.NEW RETAIL 2 2 ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 4 ..................................... .......................Ve/ue....................... .....Ti.;'i'74;Tiio...... ..."$';;.:990;.500...... ......$'3;164.;660'....... HOTEL/MOTEL ................................... ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. .............................. ............................. ............................ ................................. .................................... .......................Viiiue....................... OFFICE ................................... ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ ................................. 2 .......................Va7ue....................... ........$'CO'19:8'sjj"....... DRINKING/DINING ................................... ................................. ................................... ................................. .............................. .............................. ............................... .............................. ............................. ............................... ............................. ............................ .................................. ..................................... .......................Viiiue....................... 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INDUSTRIAL ................................... ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ ................................. 2 .......................Value....................... ..........$'417'.'30'0'........... PUBLIC . NEW SCHOOLS/HOSPITALS ................................... ................................. 2 ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 2 2 .......................Value....................... ......"$'11:600;045...... ......$9;&0'0','045........ ........$ii';O'zz;414......... CHURCHES ................................... ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ ................................. ..................................... .......................Va.jiie....................... RECREATION ................................... ................................. ................................... ................................. .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ .................................. 2 .......................Va"iue....................... ...........$19.;0'0'0............ REPAIR & ALT. RESIDENTIAL 40 35 46 34 .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 155 120 .......................Va"iue....................... .........$"1"86;543"........ .......$T.9:9;.225........ ........$'23'.11:54'7"...... .......$34.;;-922........ ........$967;z3'f....... ..........$8';4;10'8.......... CDMMERCIAL 5 9 13 20 .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 47 37 .......................va"iiie....................... ........."$45-.965.......... ........$9ii;21.,.......... ......"$'1';'iii'i6;44T..... .......$55'ii..46ii'...... ......$Z";56S.;ii85....... ..........$937';194......... PUBLIC ................................... ................................. ................................... 3 .............................. .............................. ............................... .............................. ............................. ............................... ............................. ............................ 3 ...........................hh...... .......................Va/ue....................... .....$';:-0.77;.3'1':9...... ......$1';0'1';-;3.19....... OEMOLlTION / MOVE 2 3 5 3 .............................. .............................. .............................. .............................. ............................. ............................... ............................. ............................ 13 10 .......................Viiiue....................... .............S.500............. .........$.n.50.......... ........Tio:3.0ej......... ........$22;.200......... .........$3'4;150........... ..........'$'i8':650............ BUILDING TOTALS BLDG PERMITS 61 67 75 .............??:.............. .............Q............... .............Q.............. 0 0 .............Q.............. ..............g............... .............g............. ............Q............. 275 202 ::::::::::~:@:~t.;::~{~hgL::::::: :::::::i~;~~9:;~!.9:::::::: ::::::~~;:~~1;~:~~::::::: ::::::i~:~;i1:~;~~J.:::::: ......~~!.~~~!.~.?L.... ............~.L........... ,..........J.9.............. ::::::::::::i~::::::::::::: :::::::::::j~::::::::::::: ............~~............. .............~.~.............. ............l~............. ...........l~............. .....'2"1.;566';177...... .......$1.5.;293';352........ BLDG PERMITS FEE $31.731 $44,7B2 $94.990 $55.376 $226.818 $115,212 ..'" . '.'0' '.C" '" " .. . ., 1 ,,",;, B , 3-story. 6-unit condo ~JECTS IN REVIEW , I , I NO new major projects at this time. ~ - M -14 . . . . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 April 25, 2007 6:00 p.m. ROLL CALL Members Present: Cherie Kidd, Dave Johnson, John Matthews? Stanley Harris, Werner Beier, Doc Reiss Members Excused: Kevin Snyder Staff Present: Sue Roberds, Scott Johns Public Present: Tom Bryant CALL TO ORDER A salute to the flag was led by Chair Beier. APPROVAL OF MINUTES Commissioner Matthews moved to approve the April 11, 2007 minutes with a correction noting that Commissioner Johnson did not vote in the matter of the Queen of Angeles Church Conditional Use Permit Amendment because of his association with the church. The motion was seconded by Commissioner Johnson and passed 6 - O. PUBLIC HEARING: Chair Beier indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. BELIEVER'S RESOURCE CENTER - CUP 02-09Amended - 1018 West 16th Street: Request to add a 17' x 15' youth classroom to a structure in the RS-7 Residential Single Family zone that is being used for church activities. Associate Planner Scott Johns reviewed the Department's report recommending approval of the application with a condition requiring that a sidewalk: be installed along the site frontage. Mr. Johns presented an overhead display identifying the site location and surrounding uses and responded to several questions regarding site development. Mr. Johns responded that staffs original recommendation included a requirement for a sidewalk:. He was not aware why the sidewalk was not constructed. Chair Beier opened the public hearing. Pastor Tom Bryant, Believer's Resource Center, 10J8 West 16th Street stated that he was aware that staff originally recommended that a sidewalk: be constructed along the property M -15 Planning Commission Minutes April 25, 2007 Page 2 . frontage. He recalled that, at that time, the Center did not own the property and .the Planning Commission did not feel it appropriate to impose a sidewalk at that time. He expected that, now that the Center does own the site, a sidewalk would be required. There being no further comments, Chair Beier closed the public hearing. Following brief discussion, Commissioner Johnson moved to amend the conditional use permit to allow the addition of a youth classroom with the following condition, and citing the following findings and conclusions in support of that action: Conditions: . 1. A Building Permit is required prior to beginning construction on the youth classroom. 2. All conditions of approval from CUP 02-09 shall remain in effect. 3. Sidewalk extending the length of the property frontage shall be located adjacent to the curb along 16th Street. 4. The driveway access shall be constructed to City standards. Findings: Based on the information provided in the Community Development Staff Report for CUP 02-09A dated April 25, 2007, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning . Commission hereby finds that: 1. Believer's Resource Center submitted Conditional Use Permit application CUP 02-09A to add a 17' x 15' 6" classroom structure to the existing church building on DATE. 2. The site includes Lots 4,5, and 6 of Block 441, Townsite of Port Angeles. 3. The site is zoned RS-7. Church uses are allowed by conditional use permit per Section 17.10.040(F) and Table "A" of the PAMC, which provides development standards for conditional uses in the RS-7 zone. Church uses require a minimum lot width of 100 feet and a minimum lot area of 21 ,000 squa,re feet in the RS-7. 4. The Comprehensive Plan designates the site as High Density Residential. Nearby designations are Commercial and Low Density Residential. The site is located in the City's northwest Planning Area. The subject site is located at 1018 W. 16th Street. Development in the neighborhood includes single family, duplex, and multi-family residential, as well as commercial and 'office uses. Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional use permit uses as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of 5. . M -16 . Planning Commission Minutes April 25, 2007 Page 3 neighboring property. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. 6. The City's Comprehensive Plan was reviewed for consistency with the proposal. Land Use Element Goal A and Policy A2; Land Use Element Goal B, and Policies B.l and B.4; Land Use Element Goal C and Policies C.l; Housing Element Goal A and Policy A6, and Goal B and Policy B.6; Transportation Element Policy B.l; Conservation Element Goal A and Policy AI, Goal B and Policies B.1, 2, 4,5,8, and Objectives B.3, 4, and 7; Capital Facilities Element Policies B.l - 7, and Housing Element Policy B.5 were found to be most relevant to the proposal. P AMC Chapter 14.40 requires 1 parking space for each 50 square feet of assembly area for uses similar to churches without fixed seating. A development that is approved through the conditional use permit process ,must remain in continual compliance with specific conditions of approval or may be revoked. Reviewing City Departmental comments were considered in the review ofthis application. The proposed activity will require a valid building permit. Notification of the proposed action was placed in the Peninsula Daily News on April 9, 2007, posted on the site on April 11, 2007, and mailed to property owners within 300 feet of the subject property on April 6, 2007. The public comment period ended on April 21, 2007. A Determination of Non-Significance (DNS 1003) was issued for the previous conditional use permit, CUP 02-09, on September 6,2002 per WAC 197-11-355. The proposed addition is exempt from SEP A review per WAC 197-11-800(1). This satisfies the City's responsibility under the State Environmental Policy Act (SEP A). 12. The Planning Commission opened a public hearing on the proposal at the April 25, 2007, regular meeting. Conclusions: Based on the information provided in the Department of Community Development Staff Report for CUP 02-09A dated April 25, 2007, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: A As conditioned, the proposal is consistent with the intent of the Comprehensive Plan, specifically with Land Use Element Goal A and Policy A2; Land Use Element Goal B, and Policies B.1; Land Use Element Goal C and Policies C.1; and Transportation Element Policy B.14; were found to be most relevant. B. The proposed use complies with Section 17.1 0.050(F) (RS-7 Zone) of the Port Angeles Municipal Code and, as conditioned, the proposal is consistent with development standards for a church use in the RS-7 Zone. 7. 8. 9. 10. . 11. . M -17 Planning Commission Minutes April 25, 2007 Page 4 C. The proposal is consistent with requirements for approval of a conditional use permit as specified in P AMC 17.96.050. The proposal is consistent with P AMC Chapter 14.40 (Parking Ordinance) D. The motion was seconded by Commissioner Kidd and passed 6 - O. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planner Johns reported on the proposed Comprehensive Plan Amendments that would be under consideration during a public hearing scheduled for May 9, 2007. The Commissioners reviewed the proposals and offered suggestions relative to presentation, wording, and mapping clarifications. Staff reminded the Commission that Commissioner Snyder would be leaving the group the end of May, and encouraged everyone to think of citizens who might be interested in filling the position. REPORTS FROM COMMISSION MEMBERS None ADJOURNMENT The meeting adjourned at 7:15 P.M. Sue Roberds, Secretary Werner Beier, Chair M -18 . . . , t~ EXECUTIVE SESSION Date:;f.;! av IS-. I I Expected length of session: 01 i (J1~> (. L~ ''flit. Is action expected following the session: ;tfo Reason for Executive Session: ~ To consider matters affecting national security. _ To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. _ To consider the minimum price at which real estate will be offered for sale or lease when public lmowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. _ To review negotiations on the performance of public bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. ~ To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company. _ To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. _ To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. ~ To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Closed session under RCW 42.30.140: _ To discuss proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or _ Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group. _ Matters governed by chapter 34.05 RCW, the Administrative Procedure Act. _ Collective bargaining session with employee organization, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement or a portion of a meeting which the governing body is pI arming or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the proposals made in the negotiations or proceedings while in progress. Time session began: (5; It( ~ : s-S- ~ ~J ~/;3~ Time session ended: Was session extended by announcement: If so, when: , I ,';) ~~~ Ma or ..Ao ~~. .l)pto,,--- City Clerk G:\LEGALIFonns\EXECUTIVE SESSJON- I O-17-05.wpd